Texting Leads in 2026: Rules for Real Estate

Last checked: October 6, 2026 · General information, not legal advice. Rules depend on your state and your facts, so confirm with an attorney before you text at scale.

10business days to honor an opt-out under federal rules

Sept 1, 2025Texas began treating marketing texts as telephone solicitation (SB 140)

Feb 1, 2025Major U.S. carriers began blocking unregistered 10DLC business texts

1. Consent comes first

Under the federal Telephone Consumer Protection Act (TCPA), marketing texts and calls sent with an autodialer, a prerecorded voice or an artificial voice need the person's prior express written consent. That means a clear written agreement, such as a checked box on a form with disclosure language, that names your business and covers the kind of messages you'll send.

In February 2024 the FCC ruled that AI-generated voices count as artificial voices under the TCPA. An AI assistant that calls a lead is held to the same consent rules as a robocall.

The Do Not Call Registry still applies

Marketing calls and texts to numbers on the National Do Not Call Registry need the person's consent or an established business relationship, whether or not you use an autodialer. Scrub every list against the registry, and your own internal do-not-call list, before any outreach.

The "one-to-one" consent rule was struck down

The FCC had adopted a rule requiring consent to name one seller at a time, which would have ended shared lead forms that list many buyers or agents. In January 2025, before it took effect, the Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC. Prior express written consent is still required. Carriers and lead vendors may still set stricter rules of their own.

2. Opt-outs: what changed in 2025 and 2026

Since April 2025: people can revoke consent by any reasonable means, such as replying "stop," "quit," "cancel" or "unsubscribe," or saying so in their own words. You must honor it within 10 business days.
September 30, 2026: the FCC adopted changes. A business may designate one or more of three methods as the exclusive way to opt out (a key-press option on calls, standard text replies such as "STOP," or a designated website or phone number), if every message clearly discloses them. A marketing opt-out still ends all marketing calls and texts from that business. Opt-outs from informational messages can be limited to that category.
Timing: the September 2026 changes take effect 30 days after publication in the Federal Register. As of October 6, 2026 they had not yet been published, so confirm the effective date before relying on them.

In practice: process "STOP" automatically, keep one opt-out list for your whole business, and never re-add someone who opted out.

3. Texas: texts are now telemarketing (SB 140)

Since September 1, 2025, Texas law counts text and image messages as "telephone solicitation" under Texas Business & Commerce Code chapter 302. For real estate businesses texting to promote buying, selling or listing property, that can mean:

Registration with the Texas Secretary of State unless an exemption applies: a $200 annual fee, a $10,000 security (bond, letter of credit or certificate of deposit), and quarterly reports.
Exemptions include solicitations to current or former customers of a business operating under the same name for at least two years, isolated solicitations that aren't part of a repeated pattern, and contacts limited to arranging a face-to-face meeting. They're narrow, so don't assume one applies.
Hours: 9 a.m. to 9 p.m. Monday through Saturday, and noon to 9 p.m. on Sunday, in the recipient's local time (Business & Commerce Code chapter 301).
Lawsuits: consumers can sue under the Texas Deceptive Trade Practices Act, with attorney's fees and up to treble damages for knowing or intentional violations.

Other states have their own telemarketing laws and quiet hours. Federal rules set calling hours of 8 a.m. to 9 p.m. local time for telephone solicitations, and the stricter rule wins.

4. Carrier registration: A2P 10DLC

Texting customers from a regular 10-digit business number through software requires registering your business ("brand") and your use case ("campaign") through The Campaign Registry. Since February 1, 2025, AT&T, T-Mobile and Verizon block unregistered 10DLC traffic. Expect one-time brand and vetting fees plus a monthly campaign fee, billed through your texting provider.

5. A practical checklist

Before you text	Why
Numbers scrubbed against the National Do Not Call Registry and your internal list	Marketing to registered numbers needs consent or an established business relationship
Written consent on file, with the wording and timestamp saved	TCPA prior express written consent; your proof if challenged
Business and campaign registered (A2P 10DLC)	Unregistered texts are blocked by carriers
Opt-out instructions in your messages, processed automatically	10-business-day federal deadline; designated-method rules
One opt-out list across all agents and campaigns	A marketing opt-out ends all marketing from your business
Sending hours checked against federal and state rules	Texas: 9–9 Mon–Sat, noon–9 Sun
Texas registration decision made with counsel	SB 140 registration or a documented exemption
AI assistant identifies itself; no AI cold calls	AI voices are artificial voices under the TCPA

How NuVentrec handles it

NuVentrec is in development. It's being built to store the consent wording and time for every contact, block texts without consent, keep one opt-out list for your whole account, honor "STOP" replies automatically, and require carrier registration before texting turns on. It won't make AI cold calls. You'll still decide what you send and whether state registration applies to you. See all features.

Texting leads in 2026: the rules real estate businesses need to know.