Can Realtors Call Numbers on the Do-Not-Call List?
Pam O'Bryant
Founder & CEO
Can realtors call numbers on the Do-Not-Call list?
Yes — in three specific situations. You can legally call a number on the National Do Not Call Registry if you have an established business relationship (up to 18 months after a transaction, 3 months after an inquiry), the person's express written permission, or a genuine personal relationship. Outside those exemptions, the registry applies — and violations can cost up to $53,088 per call.
This matters more than most agents realize. The registry held about 258.5 million active registrations as of September 30, 2025, per the FTC's FY2025 Do Not Call Registry Data Book — with 4.7 million numbers added that year alone. Statistically, a large share of your database is on it.
Here's the good news: if you run a sphere-first business, the rules are mostly on your side. The registry was built to stop strangers with autodialers — not agents calling people they actually know. But "mostly on your side" is not "ignore it." Let's walk through exactly where the lines are.
What does the Do-Not-Call Registry actually prohibit?
The Do Not Call Registry prohibits telemarketing calls to registered numbers — not all calls. The FTC's Telemarketing Sales Rule makes it illegal to call a registered number to induce the purchase of goods or services (16 CFR 310.4(b)(1)(iii)(B)), and the FCC's parallel rule bars "telephone solicitations" to those numbers (47 CFR 64.1200(c)(2)).
Telephone solicitation: a telephone call or message made to encourage the purchase or rental of, or investment in, property, goods, or services. Under 47 CFR 64.1200(f)(15), the term excludes calls made with the person's prior express invitation or permission, calls to someone with whom the caller has an established business relationship, and calls by or on behalf of tax-exempt nonprofits.
Three facts about the registry every agent should know:
- Registrations never expire. Under 47 CFR 64.1200(c)(2), a registration must be honored indefinitely unless the consumer removes it.
- Cold callers must scrub every 31 days. If you make telemarketing calls, the FCC requires you to check numbers against a version of the registry no more than 31 days old (47 CFR 64.1200(c)(2)(i)(D)).
- Calling hours apply to everyone. Telemarketing calls are restricted to 8:00 a.m.–9:00 p.m. in the recipient's local time (16 CFR 310.4(c)).
When CAN an agent call someone on the registry?
Federal do-not-call rules recognize three exemptions that matter to real estate agents: the established business relationship, express written permission, and personal relationships. Here's how each contact in your database maps to them:
| Who you want to call | Can you call? | Which exemption |
|---|---|---|
| Past client who closed 10 months ago | Yes | Established business relationship — 18-month window |
| Someone who inquired about a listing 2 months ago | Yes | Established business relationship — 3-month inquiry window |
| A friend, neighbor, or family member | Yes | Personal relationship |
| Anyone who signed a written consent to be called | Yes | Express written permission |
| A stranger on a purchased lead list | No | None — registry applies |
| Anyone who told you "stop calling me" | No | A direct request overrides every exemption |
Express written permission has a specific shape: a signed, written agreement stating the person agrees to be contacted by you, and it must include the phone number you may call (47 CFR 64.1200(c)(2)(ii)). A business card dropped in a fishbowl doesn't meet that bar. A consultation intake form with a clear consent line and a signature does.
Personal relationships are exempt under the FCC's rules: a call from someone with a personal relationship with the recipient is not restricted by the registry, and the FCC defines a personal relationship as "any family member, friend, or acquaintance" of the caller (47 CFR 64.1200(c)(2)(iii), (f)(17)). Be honest with yourself here. Your college roommate is a friend. Someone who walked through your open house once is not — treat that person under the inquiry rules instead.
How long does the established business relationship last?
Established business relationship (EBR): a relationship formed by a purchase or transaction within the last 18 months, or an inquiry or application within the last 3 months. The FTC's rule counts 540 days from a purchase, rental, lease, or financial transaction and 90 days from an inquiry (16 CFR 310.2(q)); the FCC's version states it as eighteen months and three months (47 CFR 64.1200(f)(5)).
For an agent, that means:
- A closing starts an 18-month clock. The FTC's guidance counts from the last purchase, delivery, or payment (FTC Q&A for telemarketers). Your client who closed last spring? Callable, even on the registry.
- An inquiry starts a 3-month clock. Someone who called about a listing, filled out your home-valuation form, or asked a question at an open house opened a 90-day window.
- "Stop calling me" ends the relationship immediately. A do-not-call request made directly to you terminates the EBR for solicitation purposes, even inside the 18 months (47 CFR 64.1200(f)(5)(i)). Honor it, log it, never test it.
Notice what the EBR really is: a countdown. The law gives you 18 months of legal permission — and then it expires. The relationship doesn't have to. A past client you've stayed genuinely connected with is a friend by month 19, not a lapsed file. That's the entire argument for a consistent weekly cadence, and it's why we tell agents to run the numbers on their own sphere before spending another dollar on cold leads.
What about texting instead of calling?
Texting is not a loophole. The FCC applies its do-not-call rules to text messages sent to wireless numbers, not just voice calls (47 CFR 64.1200(e)). A marketing text to a registered number sits under the same restrictions as a marketing call — same exemptions, same exposure.
The exposure is arguably worse, because texts create their own paper trail and the TCPA hands consumers a private right of action. A person who receives more than one violating call or message from the same entity within 12 months can sue for up to $500 per violation — and a court can triple that to $1,500 for willful or knowing violations (47 U.S.C. § 227(c)(5)). A 200-message blast to scrubbed-nothing lead lists is not a marketing campaign; it's a class-action invitation.
The same relationship logic applies, though. A personal, individual text to your past client — "Saw the news about the school rezoning and thought of you" — is you talking to someone you know, not a telephone solicitation. Mass texts selling your services to strangers are exactly what the statute was written for.
What are the penalties for calling a DNC number?
DNC penalties are severe enough that "I didn't know" is an expensive defense. Three numbers to keep in mind:
- Up to $53,088 per call. That is the FTC's current maximum civil penalty per violation, set in the agency's January 2025 inflation adjustment and still in effect. Per call — not per campaign.
- $500 to $1,500 per call or text in private lawsuits under 47 U.S.C. § 227, with no cap on how many violations a plaintiff can stack.
- Zero exemption for being small. The rules apply to a solo agent the same way they apply to a national call center.
One more layer: several states have their own telemarketing statutes on top of federal law, some with their own consent rules and penalties. If you prospect by phone at any scale, ask your broker or an attorney what applies in your state — this article covers the federal rules only.
How do agents stay compliant without going silent?
Compliance is not a reason to stop calling people. It's a reason to stop calling strangers. The agents who never worry about the registry are the ones whose call list is built from relationships, transactions, and consent — which is precisely the business model that produces repeat and referral income anyway. The sphere-of-influence statistics make that case with numbers.
Here is the practical system:
- Know which bucket every contact is in. Personal relationship, active EBR, written consent, or none. If the answer is "none," that number doesn't belong on your call list.
- Make written consent routine. Add a clear, signed consent line — including the phone number — to buyer consultations, listing appointments, and open-house sign-ins.
- Track your EBR dates. An 18-month clock from every closing, a 3-month clock from every inquiry. Calendar them.
- Honor every opt-out instantly and permanently. One "please stop calling" beats every exemption you hold.
- Scrub before you prospect. If you ever call outside your sphere — FSBOs, expireds, purchased lists — check numbers against a registry copy under 31 days old first.
- Build the sphere so cold calls become unnecessary. A weekly rhythm with people who know you is both the safest and the most profitable prospecting there is.
Want the whole framework in one place — the exemption flowchart, the consent language, the scrub process, and a self-audit? Download the free DNC-TCPA Survival Guide. It's the checklist version of everything above, built for agents, not lawyers.
This article is educational information, not legal advice. Telemarketing law changes, states add their own requirements, and how the rules apply depends on your specific facts. Consult a licensed attorney about your situation before making compliance decisions. See our legal disclaimer. Legal sources in this article were verified against the primary texts in July 2026.