Compliance

Seller opts out, then texts investor back

If a seller opts out of your text messages but then independently texts you back, the situation changes. Their new message can be seen as re-initiating communication, but you should still be cautious about re-engaging with marketing messages.

October 29, 2026 · 3 min read

The implied consent from a new message

When a seller texts 'STOP' or otherwise opts out, you must cease sending him or her marketing messages. That's a clear directive. However, if that same seller later sends you a new, unprompted text message asking a question or engaging in conversation, it implies a new consent.

This new message doesn't automatically mean you can restart your automated marketing campaigns. It suggests the seller is willing to communicate with you on a one-to-one basis, but you should treat it as specific to that conversation. This is not legal advice.

Handling the new inbound text

Respond directly to the seller's new question or comment. Keep your reply focused on his or her initiated topic. Avoid any broad marketing statements or anything that could be construed as re-solicitation.

For example, if he or she asks, 'Is that offer still on the table?', reply directly to the offer. Do not include a new call to action about other services or properties. Your response should be helpful and specific to his or her query.

Asking for renewed consent (optional but recommended)

If you want to add the seller back to any automated follow-up or marketing sequence, it's best practice to explicitly ask for his or her consent again. A simple, clear question can avoid future issues.

You could ask, 'Are you comfortable if I follow up with you by text about this in the future?' or 'Would you like to continue receiving texts from me about your property?' Get a clear 'yes' if you want to resume proactive outreach. This is not legal advice.

Documentation is key

Always document these interactions. Note the date and time of the opt-out, the date and content of the new inbound text from the seller, and your subsequent responses. This record protects you if there's ever a dispute.

Your CRM or communication platform should be able to log these interactions. A clear paper trail shows you respected the opt-out and only re-engaged when the seller initiated contact. Keep records of your text message consent documentation. This is not legal advice.

Avoiding re-sending marketing messages

The core principle is to avoid sending unsolicited marketing messages. While the seller's new text re-opens a channel for direct conversation, it doesn't give you blanket permission to send new marketing blasts. Treat each interaction carefully.

If you have an automated system, ensure the seller's number remains on the opt-out list until you receive explicit, renewed consent for marketing messages. Your response should always be human and tailored to his or her question.

Questions people ask

If a seller texts me after opting out, can I call him or her?

A new text from a seller after an opt-out generally re-establishes a communication channel. You can usually call him or her, but stick to the context of his or her message. Avoid making it a cold call. This is not legal advice.

What if the seller's new text is just a random word or emoji?

Err on the side of caution. A vague text might not be a clear re-initiation of interest. It's safer to not engage with marketing messages and perhaps respond with a clarifying question like, 'Did you have a question about your property?'

Does this mean I can text him or her forever if he or she never opts out again?

No, consent is ongoing. Even if a seller texts you back after an opt-out, you should maintain a reasonable communication frequency. If he or she stops responding, or explicitly asks you to stop, you must comply immediately. This is not legal advice.