Voicemail rules and the Do Not Call list in real estate

The DNC list and its purpose for investors

The National Do Not Call (DNC) Registry was established to protect consumers from unwanted telemarketing calls. When a phone number is registered, it generally prohibits most telemarketers from calling that number. For real estate investors, understanding and respecting the DNC list is not just good practice, it is a legal requirement to avoid penalties.

The DNC rules primarily target 'telemarketing' calls, which are defined as calls initiated to induce the purchase of goods or services. As an investor, your goal is to buy a house, which can fall under this definition depending on how your outreach is framed and the specific state laws.

When a voicemail counts as a "call"

Under federal regulations, a 'call' generally includes any attempt to transmit a message to a telephone number, regardless of whether a conversation takes place. This means that leaving a voicemail message is typically considered the same as making a live call for DNC compliance purposes.

Therefore, if you leave a voicemail message on a number listed on the DNC registry without an exemption, it could be considered a violation. The content of the voicemail matters, but the act of initiating the communication is the key factor.

Safe harbor provisions and established business relationships

There are exceptions to DNC rules, such as an established business relationship (EBR). If a homeowner has previously engaged with you (e.g., replied to your text, inquired about selling his or her property), an EBR might exist, allowing you to contact him or her.

However, the scope and duration of an EBR are specific. It does not mean you can call him or her indefinitely. Always verify if an EBR legitimately applies and document it thoroughly. Simply having his or her number from a skip trace does not establish an EBR.

Content guidelines for DNC-compliant voicemails

If you do have a legitimate reason to leave a voicemail (e.g., an existing business relationship), the content should be concise and professional. Clearly identify yourself and your purpose, but avoid anything that could be construed as deceptive or harassing. State your name, company, and how you obtained his or her contact information.

If you are leaving a voicemail for a number that *might* be on the DNC list, and you do not have an established business relationship or other clear exemption, the safest approach is to not leave a voicemail at all. It is better to err on the side of caution to avoid potential violations.

State-specific DNC regulations and voicemails

Beyond federal DNC rules, many states have their own Do Not Call lists and specific regulations that can be stricter. It is your responsibility to be aware of both federal and state laws in the jurisdictions where you operate. A call that is compliant federally might still violate state law.

Some states might have different definitions of 'telemarketing' or different rules regarding voicemails. Always research and understand the specific requirements for each state where you are performing outreach. Compliance is not a one-size-fits-all matter.

For general information on compliance, you can refer to /learn/tcpa-and-cold-outreach-basics.

Best practices for voicemail outreach

The most secure way to manage voicemail outreach is to ensure you only leave messages for numbers that are not on any DNC list, or where you have a clear and documented established business relationship. Regularly scrub your calling lists against both federal and applicable state DNC registries.

When leaving a voicemail, keep it brief and professional. Provide a clear call to action if appropriate, such as 'Please call me back at [your number] if you are still interested in selling.' Always respect opt-out requests, even if communicated via voicemail.

The simplest rule is this: if you would not make a live call to a DNC-listed number, you should not leave a voicemail on it either, unless you have a documented legal exemption. Always prioritize compliance to protect your business.

Important: This is not legal advice

The information provided here is for general informational purposes only and does not constitute legal advice. Compliance with Do Not Call lists and telemarketing regulations can be complex and varies by jurisdiction. You should consult with a qualified legal professional to ensure your specific outreach methods comply with all applicable federal, state, and local laws.