Compliance

Can you re-text an opt-out number after a year?

Re-texting a number that previously opted out, even after a year, generally carries the same risks as the initial contact. Consent to text is usually revoked permanently upon opt-out for that specific campaign.

October 14, 2026 · 4 min read

The permanence of an opt-out request

When a homeowner sends an opt-out request, such as "STOP" or "REMOVE," it typically signifies a permanent revocation of his or her consent to receive further text messages from you for that specific campaign. The passage of time, even a full year or more, does not automatically reinstate this consent.

The intent behind compliance regulations like the TCPA is to protect consumers from unwanted communications. Once someone has expressed that they do not wish to be contacted, that preference usually stands indefinitely. Ignoring an opt-out, regardless of the time elapsed, can still lead to compliance issues.

Treat an opt-out as a clear directive to cease contact for that particular number and campaign. It is a fundamental rule in responsible outreach.

DNC lists and prior express consent

The bedrock of compliant text messaging is prior express consent. You need permission before you text someone. The Do Not Call (DNC) lists, both federal and state-specific, are designed to give consumers control over telemarketing calls, and often apply to text messages as well. An opt-out request effectively places that individual on your internal "do not contact" list.

Even if a number is not on the national DNC registry, an individual's direct opt-out request carries significant weight. It demonstrates a clear lack of consent for further communication. Re-texting such a number could be seen as a violation of his or her communicated preference, regardless of external list status.

Always err on the side of caution when it comes to consent. If a consumer has withdrawn consent, your obligation is to respect that decision.

Why a year doesn't automatically reset consent

There is no provision in federal regulations, nor typically in state laws, that states consent automatically resets after a certain period, such as a year. A consumer's decision to opt-out is generally considered to be ongoing until new, explicit consent is provided.

The idea that an opt-out expires after a year is a common misconception. It's crucial not to rely on assumptions about consent renewal based on time alone. Renewed contact requires renewed consent.

To illustrate, suppose a homeowner opted out of texts about property X. Reaching out about property Y a year later, using the same number and without new consent, would likely still be viewed as violating the original opt-out. This is not legal advice, but a general principle for investor operations.

Identifying and managing opt-outs

Effective management of opt-out requests is essential for maintaining compliance. Implement a robust system within your CRM or texting platform to immediately flag and suppress any number that has opted out. This prevents accidental re-contact by you or anyone on your team.

Ensure your team understands the importance of respecting opt-out requests and the procedures for handling them. Regularly auditing your contact lists for suppressed numbers helps maintain data hygiene and reduces risk.

A well-maintained internal "do not contact" list is just as important as checking external DNC registries. This proactive approach minimizes compliance headaches and respects consumer preferences.

When is new consent established?

New consent is only established when the consumer actively provides it again. This could happen if, for example, the homeowner later initiates contact with you, perhaps by calling your number or filling out a web form, and explicitly provides his or her number for communication related to selling a property.

Even then, the consent is typically for the specific context of that new interaction. You cannot assume broad, blanket consent for all future communications. Always document when and how new consent was obtained, for your records.

If a property changes ownership, and the new owner's contact information is obtained through a fresh skip trace, you would generally be making an initial contact with a new individual, subject to all standard consent rules. However, if the old owner's number is retained and re-used for the same property, you still need to be careful of the original opt-out.

Questions people ask

If a homeowner sells and I get new data, can I text the new owner at the same number?

If you acquire new skip trace data for a property that has changed ownership and the new owner's number is the same, you would generally treat this as a new initial contact with a different individual, subject to all standard consent rules. However, always exercise caution if the number was previously opted out by the prior owner.

What if the opt-out was for a different property I own?

An opt-out is typically tied to the specific contact number and the entity that sent the message. While the original opt-out was for a particular campaign, it is safest to consider that individual's preference to not be contacted by you or your organization via text, regardless of the property in question. This is not legal advice.

Is it different for a business phone number?

Compliance rules can sometimes differ for business-to-business (B2B) communications compared to business-to-consumer (B2C). However, if an individual uses a business number as his or her primary contact for a residential property, it's prudent to treat it with the same level of care as a personal number, especially if he or she opts out. This is not legal advice.