Compliance

A seller says "do not call", then texts you back

If a seller explicitly tells you "do not call me again," you must honor that request immediately. However, if that same seller later initiates contact with you via text, you can respond to their direct inquiry without violating the prior "do not call" instruction.

October 12, 2026 · 4 min read

Honor the "do not call" request immediately

This is not legal advice. When a seller explicitly tells you to stop contacting him or her, whether by phone or text, you must immediately cease all outreach to that individual. This applies whether the request comes verbally during a call or in a text message. Document the request and the date it was received in your CRM.

Failing to honor a 'do not call' (DNC) request can lead to complaints and potential penalties, depending on your state and local regulations. It is not worth the risk. Your reputation and compliance are paramount.

Remove the seller from any active calling or texting campaigns as soon as you receive such a request. This is not just good practice, it is a legal requirement in many jurisdictions.

When the seller initiates contact again

Here is the key distinction: if a seller who previously issued a DNC request later sends you a text message, he or she is initiating a new communication. This action is generally considered an invitation to communicate in response to his or her specific inquiry.

You are typically allowed to respond to that specific inbound text message. This is not you initiating new outreach, but rather replying to a communication that the seller started. It is similar to a customer calling a business after previously requesting to be removed from a marketing list.

Keep your response directly related to the seller's text. Do not use this as an opportunity to restart a full sales pitch or launch into unrelated offers. Address the question or comment he or she raised.

Scope of the DNC request

A DNC request usually applies to unsolicited outreach from you. When the seller texts you, he or she is soliciting a response from you. The original DNC request does not typically negate his or her right to reach out to you if he or she chooses.

However, this does not mean the DNC request is permanently voided. If you respond to his or her text, and then you try to initiate further contact (e.g., call him or her, text him or her again days later without him or her initiating), you could be in violation of the original DNC.

The safest approach is to respond to the direct inquiry, and if you need to continue the conversation, try to get explicit permission from the seller to do so. For example, 'Are you free for a quick call to discuss this further?'

Document everything

In any situation involving DNC requests and subsequent seller-initiated contact, meticulous documentation is crucial. Record the date and time of the original DNC request and the specific communication channel (e.g., 'seller texted DNC on [date]').

Then, record the date and time of the seller's new inbound text message. Save a screenshot or copy of the text itself. Document your response to his or her text message.

This detailed record provides an audit trail if there are ever any questions or disputes about your communication practices. It shows that you honored the DNC and only responded when contact was re-initiated by the seller.

The "not legal advice" disclaimer

Please remember, this information is for educational purposes only and is not legal advice. Laws regarding telemarketing, texting, and DNC lists (like the TCPA, TSR, and state-specific regulations) are complex and can change.

Your specific situation might have nuances that require expert interpretation. It is always recommended to consult with a qualified attorney specializing in these areas to ensure your practices are fully compliant.

Rules can vary by state and even by the exact wording of a DNC request. What constitutes 'marketing' versus 'transactional' communication can also be a fine line. Err on the side of caution and seek professional legal counsel.

Best practices for handling DNC requests

Beyond the specifics of re-initiated contact, maintain a robust DNC policy. Train anyone who contacts sellers on the importance of honoring DNC requests immediately and documenting them thoroughly.

Regularly review your DNC lists to ensure no one is accidentally contacted. Integrate DNC flags into your CRM or lead management system to prevent future outreach.

When in doubt about a specific communication scenario, always choose the path that prioritizes compliance and respects the seller's request. It protects your business in the long run.

Questions people ask

Can I text them if they previously said "do not call"?

If the seller explicitly texts you first after a 'do not call' request, you can generally respond to his or her specific inquiry. He or she initiated that new communication.

What if they text back about a different property?

If the seller texts you about a different property, you can still respond to that specific inquiry. The key is that he or she initiated the contact, regardless of the property in question.

How long does a DNC request last?

A DNC request is generally considered indefinite unless the individual provides explicit consent to be contacted again. Always err on the side of caution and treat it as a permanent request.

Do I need to get new consent if they text me first?

You do not need new consent to respond to an inbound text message that the seller initiated. However, if you want to initiate further communication after your response, seeking explicit permission is a safer practice.