SMS for Real Estate Marketing Top Compliance Tips
Effortless Texting.
Easy Wins.
Why SMS Compliance Is Critical
for Real Estate Marketing in 2025?
Text message marketing remains one of the most effective ways to reach real estate leads—but in 2025, it also comes with increasing legal and financial risk. Regulatory enforcement is ramping up, and a single violation of federal or state laws could result in TCPA fines ranging from $500 to $1,500 per message. If you’re a real estate agent or brokerage using SMS, compliance is no longer optional—it’s mission-critical.
What Makes SMS Compliance Complex in 2025?
Today’s texting regulations are layered, fast-changing, and not always intuitive. You now need to navigate:
- Federal Laws:
The Telephone Consumer Protection Act (TCPA) and CAN-SPAM govern opt-ins, disclosures, and opt-outs for SMS campaigns nationwide. - Carrier-Level Regulations:
The A2P 10DLC system (Application-to-Person, 10-Digit Long Code) requires brand and campaign registration. Non-compliant messages may be blocked or heavily filtered. - State-Specific Mini-TCPA Laws:
States like Florida, Oklahoma, and Washington have passed their own stricter versions of the TCPA. These laws often include:- Narrower texting windows (8 a.m. to 8 p.m.)
- Higher consent requirements
- No exceptions for existing business relationships
The 2025 Real Estate SMS Compliance Checklist
As texting regulations tighten across the U.S., real estate professionals must take a proactive, structured approach to SMS compliance. One misstep, whether it’s an unapproved opt-in or sending a message outside legal hours, can lead to hefty fines and lead loss.
Here’s your definitive step-by-step checklist to stay compliant, build trust, and keep your SMS outreach legally sound in 2025:
Step 1: Get Express Written Consent
Before sending any text, ensure your prospect agrees to:
- Receive marketing texts
- Message frequency (e.g., “up to 4 msgs/month”)
- Non-condition of sale
- Opt-out instructions
Best Practice: Use signage and digital ads with pre-disclosure like:
“Text ‘123MAIN’ to 858585 for pricing & photos. Msg & data rates may apply. Up to 4 msgs/mo. Reply STOP to cancel.”
Step 2: Register for A2P 10DLC
Any real estate text sent from a 10-digit number (A2P 10DLC) must now be registered to avoid carrier filtering.
You’ll need to submit:
- Your Business EIN
- Your campaign use case (e.g., “Real Estate Marketing”)
- A sample message with disclosures
- A description of your opt-in process
EZ Texting handles this registration automatically to simplify compliance.
Step 3: Include Mandatory Disclosures in First Message
Your first SMS to a new contact must include:
- Your name or company
- Message purpose (e.g., property info, appointment reminder)
- Opt-out and help commands (e.g., STOP, HELP)
- A link to your privacy policy (optional but strongly recommended)
Compliant First Message Template:
“Hi! It’s Alex from BlueSky Realty. Tap here for your virtual tour. Msg&Data rates may apply. Reply STOP to unsubscribe.”
What’s Prohibited in Real Estate Text Marketing?
Avoid these high-risk violations that often lead to lawsuits or message blocking:
- Cold texting leads who haven’t opted in
- Misleading mortgage or “guaranteed approval” claims
- Messaging leads shared from third-party lists without re-consent
- SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco)
- Sharing contacts between agents or teams without a fresh opt-in
Real Estate-Specific Rules to Watch
While the federal TCPA sets a baseline for text message marketing compliance, several states—including Florida, Oklahoma, Washington, and Michigan—have passed “Mini-TCPA” laws that impose even stricter requirements on real estate texting campaigns.
These state-specific laws are reshaping how agents can legally connect with leads via SMS in 2024 and 2025.
Key Restrictions Under Mini-TCPA Laws
- Texting Window: Only allowed between 8 a.m. and 8 p.m. local time
- Message Volume: Maximum of 3 texts per 24-hour period
- DNC Enforcement: Do Not Call (DNC) rules now apply to text messages, not just phone calls
- Legal Liability: These states grant a private right of action, meaning individual recipients can sue for damages, potentially $500 to $1,500 per violation
Even if your texts comply with federal TCPA standards, you could still be in violation of state law and liable for fines or lawsuits. Many agents aren’t aware of these state-level rules until it’s too late.
Opt-Out Compliance in SMS Marketing for REALTORS®
Under federal and state SMS marketing laws, honoring opt-out requests isn’t optional; it’s a legal requirement. Failing to comply with unsubscribe rules can lead to TCPA violations, fines, and even lawsuits.
Here’s exactly what real estate agents and brokerages must do when a lead replies STOP:
- Suppress the Number Immediately
You must stop texting that number as soon as possible—ideally in real time, and no later than 24 hours after the opt-out request. - Send a Confirmation Message
Let the recipient know their request has been processed. Use clear, compliant language like:
“You’ve been unsubscribed. No further messages will be sent.” - Log the Opt-Out for Legal Records
Keep a record of the opt-out in your CRM or SMS platform for at least 4 years, in case of an audit or legal dispute.
EZ Texting handles this automatically, from real-time opt-out suppression to audit-proof compliance logging so you stay protected without lifting a finger.
Real Estate SMS Opt-In Flow: How to Capture Leads Compliantly in 2025
A compliant and clear SMS opt-in process is essential for real estate agents using text marketing to connect with buyers and sellers. In 2025, both carriers and regulators are cracking down on improper lead capture, so your opt-in flow must be transparent, permission-based, and easy to understand.
Here’s a real-world example of how to structure your SMS opt-in for maximum compliance and conversion:
Call-to-Action (Yard Sign or Digital Ad)
“Text HOME123 to 858585 for a price sheet, listing photos & open house details.”
“Msg & data rates may apply. Up to 4 msgs/month. Reply STOP to cancel. Terms: eztexting.com/terms.”
Auto-Reply Message (First Touchpoint)
Once the user texts the keyword, your SMS platform should automatically send a compliant confirmation message that includes:
- Your name or business
- A link or resource (if promised)
- Clear opt-out and help instructions
“Hi! It’s Jasmine from Bluebird Homes. Here’s the link to 456 Oak Street’s photo gallery & open house schedule: [link]. Msg & data rates may apply. Reply STOP to cancel, HELP for help.”
How to Get Started with Real Estate SMS Marketing Compliance
If you’re launching or scaling your real estate text message marketing strategy, staying compliant isn’t just smart; it’s legally required.
Use this step-by-step checklist to ensure your SMS campaigns follow federal, state, and carrier-level regulations from day one.
Register Your A2P Brand and Campaign
All marketing texts sent via 10-digit long codes (A2P 10DLC) must be registered with your:
- Business name and EIN
- Campaign use-case (e.g., real estate lead generation)
- Sample messages and opt-in language
Use Pre-Disclosure Before Collecting Opt-Ins
Before a lead opts in, clearly state:
- Message frequency (e.g., "Up to 4 msgs/month")
- That consent is not required for purchase
- Terms of use and opt-out instructions
Capture and Store Express Written Consent
You must obtain and retain verifiable proof that the lead agreed to receive marketing messages. Use compliant web forms, QR codes, or keyword opt-ins with clear disclosures.
Include Required Disclosures in the First Message
Your first SMS must state:
- Your business name or brand
- Message purpose
- STOP and HELP instructions
Monitor Quiet Hours by Time Zone
Many states restrict texting to 8 a.m.–8 p.m. local time. Use scheduling and throttling tools to avoid sending messages outside of permitted windows.
Suppress STOP Requests in Real Time
As soon as a contact texts “STOP,” their number must be:
- Removed immediately from all campaigns
- Logged in your CRM or SMS platform for at least 4 years
- Sent a confirmation message:
“You’ve been unsubscribed. No further messages will be sent.”
Stay Updated on State-Specific Laws
Laws in states like Florida, Oklahoma, Washington, and Michigan impose stricter texting rules than the federal TCPA. Review and update your strategy at least quarterly.
Use a TCPA-Compliant SMS Platform
Partner with a provider like EZ Texting that:
- Automates compliance workflows
- Supports A2P registration
- Provides opt-out logging and real-time suppression
- Offers built-in disclosures and quiet hour monitoring
Frequently Asked Questions
In 2025, regulators and carriers are enforcing text marketing rules more strictly than ever. Non-compliance with the TCPA or state laws can cost $500–$1,500 per unsolicited message, block your campaigns, or even lead to lawsuits. A compliant SMS setup shows professionalism, builds trust, and protects your brokerage.
Express written consent means your lead must actively agree to receive marketing messages in writing or via a clearly disclosed digital CTA. Include:
- Frequency (e.g., “Up to 4 msgs/month”)
- A note that texts are not a condition of sale
- Clear opt-out instructions (e.g., “Reply STOP”)
This is legally required under the TCPA and follow up rules from major U.S. carriers.
A2P 10DLC is the certified method for sending business SMS from 10-digit phone numbers. You must register your brand and campaign (including EIN and sample messages). Without it, carriers may block or filter your outreach—and EZ Texting automates this registration process for you.
Your first SMS should feature:
- Your name or brand
- The purpose of the message
- A STOP command and a HELP option
Disclosure of msg & data rates and a link to your privacy policy (recommended)
Example:
“Hi! It’s Alex from BlueSky Realty. Here’s your virtual tour link. Msg & data rates may apply. Reply STOP to unsubscribe.”
Yes, especially in states with stricter “mini-TCPA” laws (like FL, OK, WA, MI):
- Allowed hours: 8 a.m.–8 p.m. local time
- Max frequency: 3 messages per 24 hours
- Do Not Call rules also apply to texts.
If you text outside of these windows or too often, you could be hit with fines or legal action.
Opt-out requests must be honored immediately (ideally in real-time, no later than 24 hours). You must:
- Suppress the number from all campaigns
- Send a confirmation reply: “You’ve been unsubscribed. No further messages will be sent.”
- Log the opt-out in your CRM for 4 years
A compliant SMS provider like EZ Texting automates this entire process.
To avoid regulatory or carrier blocks, never use:
- Cold texting without opt-in
- Misleading or “guaranteed approval” mortgage claims
- Content involving SHAFT topics (Sex, Hate, Alcohol, Firearms, Tobacco)
- Messages to shared contact lists without fresh consent
Regularly review state-specific rules in Florida, Oklahoma, Washington, Michigan, and others. These may include:
- Restrictions on message timing and frequency
- Private rights of action for recipients to sue
- Update your practices—and technology—every quarter or when laws change.
Yes. Choose a platform that:
- Automates A2P 10DLC registration
- Includes opt-in disclosures and first-message templates
- Supports time-zone moderation and quiet-hours scheduling
- Logs opt-outs and enforces suppressions automatically
EZ Texting offers all these features, making compliance simple and scalable.
