Compliance

When you can call a seller on the Do Not Call list

Generally, you cannot call a seller on the Do Not Call (DNC) list unless you have an established business relationship with him or her, or if the seller has given you express written consent to call. An established business relationship means the seller has recently engaged with your business, such as inquiring about your services or buying property from you.

October 9, 2026 · 3 min read

The purpose of the Do Not Call Registry

The National Do Not Call Registry was created to give consumers a choice about whether they receive telemarketing calls. When a phone number is registered, telemarketers are prohibited from calling it.

This registry applies broadly to businesses that engage in telemarketing, which can include real estate investors making unsolicited calls. Its intent is to protect consumer privacy from unwanted solicitations.

Ignoring the DNC registry can lead to significant penalties, so understanding its rules is crucial for anyone engaging in phone outreach to homeowners. Always remember this is not legal advice.

Understanding the established business relationship exception

One of the primary exceptions to the DNC rules is the established business relationship (EBR). This exception allows you to call a consumer who has previously done business with you or inquired about your services.

For real estate investors, this could mean if a seller has previously sold you a property, responded to a direct mail piece, or specifically reached out to you for information, an EBR might exist.

The EBR typically has a time limit, often 18 months from the last transaction or three months from an inquiry. This timeframe is important to track for compliance.

When a lead provider’s text reply counts

If you acquire a lead through a service like Speed to Seller, where the homeowner has already replied to an initial text message expressing interest in selling his or her house, this constitutes an inquiry.

That text message reply from the seller indicates his or her interest and initiates a form of established business relationship with the entity that sent the text. When you buy this reply, you are receiving a lead that has already expressed interest.

This reply often falls under the EBR exception for the purpose of an initial follow-up call, as the seller has actively engaged. However, it is important to verify the exact nature of the initial contact and ensure it aligns with DNC guidelines.

Documenting consent for calls

Even with an EBR, it is always a good practice to document consent when possible. If a seller replies to a text, keep a clear record of that interaction, including the date and time.

If you speak with a seller and he or she verbally agrees to future calls, note it in your CRM. Explicit written consent, however, provides the strongest protection against DNC violations.

This documentation serves as proof that you had permission to contact him or her, should any question arise. A robust tracking system for consent and opt-out requests is essential.

What happens if you call without an exception

Calling a number on the DNC registry without an applicable exception can result in significant fines. Penalties can be steep for each violation, and these can add up quickly.

Beyond financial penalties, repeated violations can damage your reputation as an investor and attract unwanted regulatory scrutiny. It is not a risk worth taking for a single lead.

Always err on the side of caution. If there is any doubt about whether an exception applies, do not make the call until you have clarified the situation. This is not legal advice.

Best practices for DNC compliance

Regularly scrub your call lists against the National DNC Registry before making any outbound calls. This is a basic and critical step to avoid violations.

Maintain clear internal policies for DNC compliance and train anyone on your team who makes calls. Ensure they understand the rules and the consequences of non-compliance.

Always respect a seller's request to be placed on your internal do-not-call list, even if he or she is not on the national registry. Promptly remove him or her from your outreach efforts.

Questions people ask

Does a text reply from a seller give me permission to call him or her?

A text message reply from a seller expressing interest can establish a business relationship, which is an exception to the DNC rules. It indicates an inquiry and often permits an initial follow-up call.

How long does an established business relationship last?

Typically, an established business relationship lasts for 18 months after the last transaction or three months after an inquiry or application. Always verify current federal and state regulations.

What if I buy a list and some numbers are on the DNC?

You are responsible for DNC compliance regardless of where you acquire your list. You must scrub any list against the DNC registry before making calls, unless an applicable exception, like an established business relationship, applies.