AI calls, texts and the TCPA: what real estate agents need to know

If an AI voice makes the call, treat it like a robocall. Get the right consent first, say who you are and that the call is recorded, and stop the moment someone asks.

This is general education, not legal advice. Rules differ by state and change often. Sources checked 11/01/2026.

AI can answer a lead in seconds, day or night. That speed is real. So are the rules. The federal Telephone Consumer Protection Act (TCPA) and state laws decide who you can call or text, how, and when. Mistakes are expensive, because the TCPA lets people sue for each call or text. This guide covers what agents and brokers need to know before an AI calls or texts anyone.

AI voices count as artificial voices

The TCPA limits calls made with an "artificial or prerecorded voice". In February 2024 the FCC issued a declaratory ruling that today's AI tools that generate human voices fall under that phrase. In plain terms: a call where an AI talks is treated like a robocall.

That matters because robocall rules are strict. Under the FCC's rules, a marketing call that uses an artificial or prerecorded voice to a cell phone generally needs the person's prior express written consent. Most calls to leads about buying, selling or listing a home are marketing calls.

What good consent looks like

The FCC's rules describe prior express written consent as a signed written agreement. It must clearly authorize the seller to deliver marketing calls using an automated system or an artificial or prerecorded voice, list the phone number, and say the person does not have to agree as a condition of buying anything. An e-signature on a web form can work if the form is built right.

Practical habits that hold up:

• Name your brokerage in the consent line. Consent given to "partners" on a lead site is a weaker record than consent that names you.
• Save the exact words, the time and the source. If you are ever asked, you need to show what the person saw and when they agreed.
• Do not assume old contacts opted in. A phone number in your CRM is not consent. Neither is a purchased list.
• Keep live calls and AI calls separate in your head. A person dialing by hand is not an artificial voice. Do-not-call and state rules still apply to them.

One rule that would have tightened this further is gone. In 2023 the FCC adopted a "one-to-one" consent rule, so a lead could only consent to one seller at a time. The Eleventh Circuit vacated it in January 2025 before it took effect. Even so, consent that names your brokerage is still the safest record you can have.

Say who you are, and that the call is recorded

Two separate rules point the same way.

Identify the caller. The FCC's rules say an artificial or prerecorded voice message must state clearly, at the start, the identity of the business responsible for the call, and give a phone number. Saying it is an AI assistant up front avoids confusion and builds trust.

Recording consent. Some states let one person on a call consent to recording. Others require everyone to agree. Florida is an all-party state: Florida Statutes 934.03 allows recording when all parties have given prior consent. If your callers are in several states, the simple habit is to announce the recording on every call and stop recording if someone objects.

Calling hours and how often you call

The FCC's rules bar telephone solicitations to homes before 8 AM or after 9 PM in the called person's local time. Many states set tighter limits. Florida's law, Florida Statutes 501.616, bars commercial solicitation calls before 8 AM or after 8 PM local time, and more than three calls to the same person in 24 hours on the same subject.

If you call leads in more than one state, use the strictest rule that applies to where the lead is.

Do-not-call lists

The FTC runs the National Do Not Call Registry. Its business guidance says sellers must check the registry at least once every 31 days and drop registered numbers from call lists. There are exceptions: you may call someone up to 18 months after their last purchase or payment, or up to three months after they ask you a question or apply. Written permission also works.

Two limits people miss:

• A request to stop beats the exception. If someone asks to go on your company's do-not-call list, stop calling, even if you have a relationship. The FCC's rules say to honor that within a reasonable time, no more than 10 business days, and keep the request for five years.
• A relationship does not replace consent for AI calls. The do-not-call exceptions help with the registry. They do not create consent for an artificial voice call to a cell phone.

Opt-outs, and what is still unsettled

The FCC's revocation rules say people can withdraw consent in any reasonable way. Replies like stop, quit, end, revoke, opt out, cancel or unsubscribe count. Requests must be honored within a reasonable time, no more than 10 business days. Those parts have applied since 04/11/2025.

One piece is still on hold. A "revoke all" rule would make an opt-out from one kind of message apply to unrelated messages from the same caller. The FCC has pushed that rule back to 01/31/2027 while it reviews comments, so watch for changes.

Courts are also part of the picture. In June 2025 the Supreme Court decided McLaughlin Chiropractic v. McKesson, holding that district courts are not bound by the FCC's reading of the TCPA. That means some FCC interpretations could be read differently by judges over time. It does not change the statute's text, and the safe path is still consent first.

A simple checklist for your team

1. Fix your forms. Every web form, portal form and open house sign-in should have a clear call and text consent box that names your brokerage.
2. Store the proof. Save the consent wording, time and source with the contact.
3. Default to off. Imported and old contacts get no AI calls or automated texts until they opt in.
4. Open every call the same way. Brokerage name, AI assistant, call is recorded. Stop recording if they say no.
5. Set hours tighter than the law. Use the lead's local time and the strictest state rule.
6. Honor STOP right away. In every language your team uses.
7. Scrub and log. Check the national registry every 31 days and keep your own do-not-call list.

Questions

Can an AI assistant call a new online lead right away?

Only if the lead gave consent that covers calls from your brokerage using an automated or artificial voice. If the lead form did not include that, have a person reach out instead, and check do-not-call rules first.

Do text messages count under the TCPA?

Yes. The FCC applies its robocall consent and opt-out rules to automated texts too. Treat marketing texts like calls: get written consent, respect calling hours and honor STOP right away.

If someone is a past client, can my AI call them?

A past relationship can help with do-not-call lists, but it does not replace consent for an artificial or prerecorded voice call to a cell phone. Get consent that covers AI calls first.

Does the AI have to say it is an AI?

Federal rules require an artificial voice message to identify the business at the start. Saying it is an AI assistant in the same breath is the clear, honest habit, and it avoids confusion later in the call.

What can a TCPA violation cost?

The TCPA lets people sue for actual losses or 500 dollars per violation, whichever is more. A court can triple that if the violation was willful or knowing. Each call or text can count separately.