Compliance

My seller opts out, then replies to a new text. Can I continue contact?

When a seller opts out of your text messages, that request must be honored, regardless of subsequent replies. If he or she later replies to a new text, you need to understand the implications for renewed contact.

October 19, 2026 · 4 min read

Opt-out requests are absolute

An opt-out request is a clear instruction to stop communicating via that method. Once a seller sends 'STOP' or otherwise indicates he or she no longer wishes to receive texts, you must cease texting him or her. This is a fundamental rule of text message compliance.

It doesn't matter if he or she previously showed motivation or if you think he or she misunderstood. The request to stop is definitive and must be honored to avoid potential issues. Always err on the side of caution.

Why a new reply isn't automatic re-consent

If a seller opts out, and then at a later date replies to a *new* text message (perhaps from a different campaign, a different number, or even an older message not immediately deleted by his or her carrier), that reply does not automatically revoke the prior opt-out. The initial opt-out stands.

A new reply is simply that: a new reply. It doesn't mean he or she is giving you blanket consent to resume marketing texts. To continue texting him or her, you would need to obtain fresh, explicit consent.

Best practices for re-engaging after an opt-out

If a seller has opted out but then initiates contact with you again (e.g., calls you, emails you, or replies to a new text that was not a marketing message), you should confirm his or her desire to communicate. You might reply, 'Thanks for your message. Just to confirm, are you still interested in discussing your property? I recall you opted out of texts previously, so I want to make sure I respect your communication preferences.'

If he or she confirms he or she wants to communicate via text, you have renewed consent for that specific conversation. However, this is not a general consent for ongoing marketing texts. Treat each new interaction with care, confirming preferences as you go. For more on cold outreach rules, see: /learn/tcpa-and-cold-outreach-basics.

Documenting all communication and opt-out requests

Maintain clear records of all opt-out requests, including the date and the number from which the request was received. Also, document any subsequent replies and your actions taken to confirm consent. This paper trail is vital if questions ever arise.

Your texting platform or CRM should automatically log opt-outs. However, if a seller replies to a new text, manually add a note to his or her contact record detailing the interaction and your response. This helps ensure consistency and accountability.

The risks of ignoring opt-outs (not legal advice)

Ignoring opt-out requests can lead to complaints and, in some cases, significant penalties. While this is not legal advice, federal and state regulations, such as the TCPA (Telephone Consumer Protection Act), can impose fines for unsolicited texts, especially after an opt-out. Each text sent after an opt-out could hypothetically be considered a separate violation.

Beyond legal risks, continuing to text someone who has opted out damages your reputation and brand. It shows a lack of respect for his or her preferences, making it less likely he or she would ever want to do business with you, even if his or her situation changes.

State-specific considerations (not legal advice)

Some states have their own specific laws regarding text messaging and opt-outs, which can be stricter than federal regulations. It is important to be aware of the laws in the states where you operate. This information is not legal advice, and you should consult with legal counsel regarding your specific practices and state requirements.

Always prioritize the most restrictive rule. If a state law provides greater protection to consumers than federal law, follow the state law. This adds an extra layer of protection for your business practices.

Questions people ask

If they reply, doesn't that mean they want to talk?

A reply shows interest in that moment, but it doesn't automatically override a previous opt-out. You should confirm his or her desire to resume communication via text before continuing, acknowledging the prior opt-out.

Should I get explicit written consent to text again?

For ongoing marketing texts after an opt-out, explicit written consent is the safest approach. For a single reply to a direct question from him or her, verbal confirmation of his or her preference to text might suffice, but document it.

What if they opt out of one number but not another?

An opt-out generally applies to all communication from your business via text. If he or she opts out of one number, treat it as an opt-out for all numbers associated with your business for that specific homeowner.

How long do I need to keep opt-out records?

While there's no specific federal duration, it's best practice to retain opt-out records for at least four years. This aligns with the statute of limitations for many consumer protection laws and provides a solid defense if needed.