Compliance

Can I call a seller who text opted out a year ago?

It is generally not advisable to call a seller who explicitly text opted out, even after a year, as this demonstrates a clear preference not to be contacted. While specific rules may vary by jurisdiction and type of outreach, respecting an opt-out request for any communication channel is a best practice to avoid potential compliance issues and maintain a good reputation.

November 1, 2026 · 4 min read

The spirit of opt-out requests

When a homeowner opts out of a text message, he or she is communicating a clear desire not to be contacted via that channel. While this specific opt-out applies to text, the spirit of the request extends to other forms of direct communication.

Ignoring a text opt-out and initiating a call, even after a significant period like a year, can be perceived as disrespectful of the homeowner's wishes. This can lead to frustration or complaints, which you want to avoid.

Your reputation as an investor hinges on ethical and respectful practices. Persistent contact after an explicit opt-out can damage that reputation, even if it is technically permissible in some niche situations.

Federal and state regulations on contact

The Telephone Consumer Protection Act (TCPA) and various state-specific regulations govern how you can contact consumers, including homeowners. While the TCPA primarily addresses automated calls and texts, the broader principle of consent and opt-out applies. This is not legal advice; you should consult with legal counsel regarding your specific practices.

Even if a text opt-out does not directly translate into a federal Do Not Call (DNC) list placement, many states have their own DNC rules, and some might interpret an explicit opt-out via text as a broader request. Always verify your state's specific regulations and consult legal counsel. For more information, see /learn/tcpa-and-cold-outreach-basics.

Keeping clear records of opt-out requests, including the date and the specific method of opt-out, is crucial for your own compliance. This helps you manage your lists and avoids contacting individuals who have expressed disinterest.

Risk vs. reward of re-engaging an opt-out

Consider the potential downsides of calling someone who opted out. The likelihood of a positive interaction is often low, and the risk of a complaint or negative feedback is higher. Is the potential reward of that single lead worth the risk to your reputation or potential compliance issues?

A homeowner who opted out may react negatively to another form of contact, leading to a hostile conversation or even reporting your number. This can be time-consuming and detrimental to your business.

Focus your efforts on fresh leads who have not expressed a desire to opt out of communication. Your time is better spent nurturing leads who are genuinely open to a conversation, such as those provided by Speed to Seller who have just replied to a text message.

What if the seller contacts you again?

If a seller who previously opted out initiates contact with you again, such as by replying to a new text or calling your number, that re-establishes consent for that specific interaction. You can then respond to their inquiry.

This scenario is different from you proactively re-engaging them. Always document the new interaction. This provides a clear record of their renewed interest and protects you from allegations of unwanted contact.

Even in this case, continue to respect any future opt-out requests. Consent can be withdrawn at any time, and your systems should be built to honor those requests promptly.

Maintaining compliant lead management practices

Implement robust systems to track opt-out requests across all communication channels. Your CRM or lead management software should flag these contacts clearly, preventing any accidental re-engagement.

When you acquire new leads, especially through platforms like Speed to Seller, you are getting homeowners who have recently expressed interest. This means you are starting with implied consent or direct engagement, which simplifies compliance.

Regularly audit your contact lists against internal DNC records and any applicable state or federal DNC lists. This proactive approach is part of responsible lead management and helps you avoid unnecessary risks. This is not legal advice, and you should consult with legal counsel.

Ensure your team is trained on proper opt-out handling and communication protocols. Everyone who contacts sellers should understand the importance of respecting these requests to maintain compliance and a positive brand image.

Questions people ask

What is the federal rule for re-contacting someone who opted out?

There isn't a specific federal rule that says you can re-contact someone who opted out after a year. The TCPA generally requires honoring opt-out requests. It is best practice to treat an opt-out as an enduring request, unless the consumer re-initiates contact.

Should I have separate opt-out lists for text and calls?

Yes, it is wise to maintain separate opt-out lists for different communication channels (text, call, email). However, if someone explicitly opts out of one, consider it a strong signal of general disinterest, especially for direct outreach.

What if I bought a lead from a different source after the opt-out?

Even if you acquire the lead from a new source, if your records indicate a prior opt-out from that specific individual, it is best to err on the side of caution and avoid re-contacting him or her. The homeowner's preference should take precedence over a new list.