The numbers

When can I re-text a homeowner who previously opted out?

Re-texting a homeowner who has previously opted out of your messages requires careful consideration of consent rules. Generally, once a homeowner opts out, you should not initiate further marketing communications to him or her unless he or she provides new, explicit consent.

October 14, 2026 · 3 min read

What "opt-out" really means

When a homeowner sends a 'STOP' message or otherwise indicates he or she no longer wishes to receive texts, that is an opt-out. This is a clear directive to cease communication.

An opt-out isn't just about the specific campaign or message; it's typically understood as a revocation of consent for all future marketing messages from your entity to that specific phone number.

Respecting an opt-out is critical. Ignoring it can lead to complaints, penalties, and a damaged reputation. Always prioritize compliance with these requests.

The federal rules on consent

The Telephone Consumer Protection Act (TCPA) is the primary federal law governing text messages. It requires prior express consent for sending marketing texts.

Once a consumer opts out, that express consent is revoked. Re-texting him or her without new, explicit consent could be considered a violation of the TCPA.

This is not legal advice. It is recommended to consult with a legal professional who specializes in telecommunications law for specific guidance on your outreach strategies.

State-specific considerations

Beyond federal law, many states have their own consumer protection statutes that may impose additional restrictions on text message marketing. These state laws can sometimes be stricter than federal regulations.

Some states, for example, might have specific requirements for how opt-out requests are handled or specific time-of-day restrictions for messages.

It's essential to understand the laws in each state where you operate. Always check with a local attorney to ensure your practices are compliant, as this information is not legal advice.

How to get new consent after an opt-out

The only legitimate way to re-text an opted-out homeowner with marketing messages is if he or she provides new, explicit consent. This consent must be clear and unambiguous.

You cannot assume consent because he or she replied to a different marketing channel, like direct mail or a website form. New consent specifically for text messages is required.

An example of new consent might be if a homeowner fills out a form online specifically opting in to receive texts, or if he or she verbally gives you permission during a phone call and you document it.

Documenting consent and opt-outs

Maintain meticulous records of all consent obtained and all opt-out requests received. This documentation is your defense in case of a complaint or audit.

Your records should include the date and time of consent, the method by which it was obtained (e.g., website form, verbal confirmation), and the exact language used.

Similarly, for opt-outs, record the date and time of the request and ensure the phone number is immediately added to your internal Do Not Contact list for text messages. You can learn more about general cold outreach rules at /learn/tcpa-and-cold-outreach-basics and how to interpret these requests at /understanding-sms-opt-out-requests.

Always err on the side of caution when it comes to opt-outs. If there's any ambiguity, do not send further marketing texts. For specific regulations regarding phone calls, you can refer to /rules-for-calling-homeowners-about-selling.

Questions people ask

What if I get a new phone number for the same property?

If you get a new phone number, it's still best practice to treat the property or homeowner as opted out for that specific person. The spirit of the law is about respecting the homeowner's wishes, not finding a loophole with a new contact detail.

Does 'STOP' mean I can never contact them again?

'STOP' means you cannot send further marketing text messages to that number unless you receive new, explicit consent from the homeowner. It does not necessarily prohibit contact via other channels if separate consent exists for those.

What if they opted out, but then replied to a different channel, like direct mail?

A reply via a different channel does not automatically re-establish consent for text messages. If he or she expresses interest through direct mail, you would need to specifically ask and obtain his or her express consent to communicate via text again.