Compliance

Calling an heir on the Do Not Call list after he or she texted you first

If an heir on the Do Not Call list texts you first about selling a property, that usually establishes an "existing business relationship" that can allow you to call him or her. This is not legal advice, so consult an attorney for specifics in your state.

October 20, 2026 · 5 min read

The principle of prior express consent

The Do Not Call (DNC) Registry is designed to protect consumers from unwanted telemarketing calls. However, there are exceptions, and one significant exception is when a consumer has given "prior express consent" to be contacted.

When an heir replies to a text message you sent about buying a property, he or she is, in most interpretations, initiating contact or providing an inquiry. This action often serves as a form of implied prior express consent for you to communicate back about that specific inquiry.

It is important to understand that this consent is generally limited to the scope of the original inquiry. You cannot assume broad permission for unrelated marketing or indefinite contact. This is not legal advice; always consult your attorney.

When a text reply counts as initiation

A clear, affirmative text message reply from an heir, stating interest in selling the property or asking for more information, is generally considered an initiation of contact. This moves the interaction from unsolicited outreach to a response to an inquiry.

For example, if you send a text asking, "Are you interested in selling your house at 123 Main St?" and the heir replies, "Yes, tell me more," or "What is your offer?" that is a clear signal of interest. This opens the door for a follow-up call.

Even a simple "How did you get my number?" might constitute an inquiry that allows for a response call, though you should be prepared to answer his or her question directly and concisely. The key is that the heir engaged first.

Documenting the text message consent

You must keep clear records of the text message exchange. This includes the original message you sent, the heir's reply, the date, and the time. This documentation proves that the heir initiated contact.

Your CRM or text messaging platform should automatically log these interactions. If not, you need a system to capture screenshots or export conversation logs. This paper trail is your defense if a DNC complaint ever arises.

Do not delete text message histories, especially if the heir has expressed any interest. Maintain these records for a reasonable period, as regulations often specify how long you must retain consent records. This is not legal advice.

Scope of the "existing business relationship"

When an heir texts you first, it can create a limited "existing business relationship" or inquiry-based relationship. This relationship typically permits you to call him or her to discuss the property he or she inquired about.

However, this relationship does not necessarily extend to all properties he or she may own, nor does it typically give you carte blanche to contact him or her indefinitely. The communication should remain relevant to the initial inquiry.

If the heir explicitly states he or she is not interested or asks you to stop contacting him or her, that request overrides any previous consent. Honor opt-out requests immediately. You can read more about TCPA rules at /learn/tcpa-and-cold-outreach-basics.

State-specific DNC rules and heir situations

While federal DNC rules are important, many states have their own, often stricter, Do Not Call lists and regulations. You need to be aware of the rules in the state where the property is located and where the heir resides.

Some states have laws that might interpret consent differently or impose shorter durations for "existing business relationships." Always err on the side of caution.

Dealing with heirs can add another layer of complexity, especially if the property is in probate or involves multiple parties. Ensure your outreach is directed at the person who owns or has authority over the property, and who actually replied.

Best practices: always offer opt-out

Even when you have consent, it is good practice to include a clear and easy way for the heir to opt out of future communications. In texts, this is often a simple "Reply STOP to unsubscribe."

On a call, if the conversation is ending without a clear path forward, you can say, "If you decide you do not want any further contact, just let me know, and I will remove you from our list." This shows respect and helps manage compliance.

Promptly honor all opt-out requests, whether by text, email, or phone. Failing to do so can lead to complaints and penalties. An immediate opt-out ensures you remain compliant and professional.

When in doubt, consult a professional (not legal advice)

Compliance regulations are complex and can change. The best way to protect yourself and your business is to seek legal counsel. An attorney specializing in telemarketing and consumer protection laws can provide specific guidance for your operations.

Do not rely solely on internet articles or general advice. Your business practices, lead sourcing, and communication methods are unique, and a lawyer can assess your specific situation.

Ignorance of the law is not a defense. Invest in legal advice to ensure your outreach strategies, including follow-up calls to heirs who text first, are fully compliant. This helps you avoid costly mistakes.

Questions people ask

What if the heir only texted a single word like "sell?"

A one-word reply like "sell?" or "info?" can still be interpreted as an inquiry or an initiation of contact. You can usually call to clarify his or her intent regarding the property, but keep the conversation focused on that initial inquiry. Document the text carefully.

Can I call them about other properties they own after this?

Generally, no. The consent from his or her text is usually limited to the specific property or inquiry he or she responded to. You should not use this limited consent to initiate calls about other properties he or she owns, as that would likely fall outside the scope of his or her prior express consent.

How long does this consent last?

The duration of an "existing business relationship" or consent varies by regulation and state. Some guidelines suggest 18 months from the last transaction or 3 months from an inquiry. However, this is not legal advice, and it is best to consult with your attorney for the specific duration applicable to your situation.