Compliance

Rules for calling heirs on the Do Not Call list (not legal advice)

Calling heirs listed on the Do Not Call (DNC) registry requires careful consideration, as general DNC rules apply unless a specific established business relationship exists. Always consult legal counsel for compliance with federal and state regulations, as this information is not legal advice.

October 19, 2026 · 4 min read

The DNC registry basics and heirs

The Do Not Call (DNC) registry is designed to protect consumers from unwanted telemarketing calls. Generally, if a phone number is on the DNC list, you cannot call it for solicitations. This rule extends to individuals, regardless of whether they are direct property owners or heirs.

When you are contacting potential heirs of a property, you are typically initiating a solicitation to purchase that property. Therefore, you must assume DNC rules apply to their phone numbers unless you have a specific exemption. This is a critical point to understand to remain compliant.

Established business relationship (EBR) and its limits for heirs

One key exemption to the DNC rules is an "established business relationship" (EBR). This usually means the person has made an inquiry, purchased a product, or conducted a transaction with your business recently. For heirs, an EBR is typically not present before your initial outreach.

Even if the deceased owner had an EBR with you, that relationship usually does not automatically transfer to his or her heirs. You cannot rely on an EBR with the former owner to justify calling an heir who is on the DNC list. Each individual's DNC status must be respected independently. Remember, this is not legal advice; consult an attorney for specific situations.

Obtaining consent from heirs

The safest way to call an heir on the DNC list is to obtain his or her express consent. This could happen if you send an initial text message (if compliant with texting rules) and the heir replies, explicitly inviting a call. This type of consent is usually considered prior express written consent for texts, or verbal consent for calls if clearly documented.

If an heir replies to an initial text message (like those from Speed to Seller), he or she might implicitly be providing an invitation to further communication. However, for calling, explicit verbal consent recorded or written confirmation is the strongest defense. Always document any consent received, including the date and method.

Verifying heir contact information and DNC status

Before making any calls, especially to potential heirs, thoroughly scrub your skip-traced phone numbers against both the national and applicable state DNC registries. This is a standard step to avoid inadvertently contacting prohibited numbers. Use a reputable DNC scrubbing service for accuracy.

Be aware that skip tracing can sometimes return numbers that belong to family members who are not direct heirs or decision-makers. Always verify the identity of the person you are speaking with. Misidentifying a contact can lead to compliance issues and wasted time.

Best practices for initial contact with potential heirs

When first reaching out to heirs, consider text messaging as a potentially less intrusive initial contact method, assuming it complies with all relevant regulations. If an heir replies positively, you can then ask for permission to call or gauge his or her receptiveness to a phone conversation. This proactive approach can help avoid DNC violations.

If you must make an initial call without prior consent, ensure your message is brief, clear, and non-aggressive. Immediately identify yourself and your purpose, then offer an easy way for the heir to opt-out of future communications. Respect any request to stop calling immediately. Again, this is not legal advice, just practical steps.

Documenting compliance efforts

Maintain meticulous records of all your DNC scrubbing efforts, consent obtained, and any opt-out requests received. Keep timestamps, phone numbers, and communication logs in your CRM. This documentation is crucial if you ever face a compliance inquiry or complaint.

Show a clear history of your due diligence in respecting consumer preferences. A robust record-keeping system demonstrates your commitment to compliant outreach. This includes when numbers were scrubbed, when consent was given, and when opt-out requests were honored.

Questions people ask

If I text an heir and they reply, can I then call them even if they are on the DNC list?

If the heir's reply to your text explicitly indicates a willingness to communicate further, especially by phone, this can be considered express consent. However, always verify this intention before calling, and document the consent. This is not legal advice.

What if multiple heirs own the property, and some are on the DNC list and some aren't?

You must treat each heir's phone number individually. Do not call heirs who are on the DNC list unless you have specific consent from that individual. You can call heirs not on the list, but be mindful of their relationship to the others.

How long does an heir's DNC registration last?

DNC registrations do not expire, so a number remains on the list until the individual removes it or the number is disconnected. Always scrub your lists regularly against the most current DNC registry.

Does the DNC list apply to probate attorneys representing heirs?

Generally, the DNC list applies to consumer numbers. Calls to a business phone number, such as that of an attorney acting in a professional capacity, are typically exempt from the DNC rules. However, always verify specific state regulations.