Stay compliant with updated CAN-SPAM texting laws: gain consent, differentiate invitations from promotions, honor opt-outs, and use transactional texts for clients.

We’ve had a question that has popped up quite a bit in recent coaching regarding what agents CAN and CAN’T do regarding texting and the CAN-SPAM laws. We love using technology and teaching agents to use tools such as Sly Broadcast for quick, efficient, and direct communication. However, with updated CAN-SPAM laws, it’s essential to understand what’s allowed—and what’s not. Here’s a breakdown of key texting practices that every real estate agent should know to stay compliant and connected with clients and prospects. 

Mass Texting: Understanding Consent and Intent

Before sending out mass texts to potential leads, express written consent is non-negotiable when it comes to soliciting. Consent must be explicit for any message promoting your services or seeking new business. However, non-soliciting texts have a bit more flexibility. For example: 

Open House Invitations: If you’re the listing agent, inviting neighbors to an open house is typically permissible. While this falls into a grey area legally, the purpose here is more informational, as you’re simply sharing details about a property in their area, not directly seeking their business. This subtle distinction makes a significant difference in compliance. 

Related reading: 6 Slybroadcast “Voicemail Scripts and Texts” for Prospecting

Texting FSBOs and Expired Listings: Leveraging Existing Relationships

Agents frequently reach out to For Sale By Owner (FSBO) listings and expired listings. Here’s how to approach each scenario within CAN-SPAM guidelines: 

• FSBO Listings: If a homeowner is listing their property as FSBO, they’re actively inviting contact by publicly sharing their phone number. This public listing acts as implicit consent for agents to text them with inquiries or offers. 

• Expired Listings: As an agent, you already have a relationship with expired listings through the Multiple Listing Service (MLS). Because of this existing connection, reaching out with a follow-up text is generally acceptable under CAN-SPAM regulations. 

Honoring Opt-Out Requests: Compliance with Stop Requests

When someone requests to stop receiving texts, compliance isn’t optional. You’re legally required to cease communications within 10 days of the request. Setting up a streamlined process for tracking and honoring opt-out requests ensures you remain compliant and builds trust. 

Texting Past and Current Clients: Transactional and Informational Messages

Reconnecting with previous clients or sending updates to current ones is generally permissible, as long as your texts remain transactional or informational. Updates like “Just wanted to let you know your paperwork is ready” or “The inspection is scheduled for tomorrow at 10 AM” fall under this category. However, avoid shifting to promotional content without obtaining their express consent. 

Best Practices Recap 

• Get Consent for any mass or solicitation texts. 

• Differentiate Your Purpose when sending invitations (such as open houses) versus promotions. 

• Respect Boundaries by honoring opt-out requests promptly. 

• Stay Transactional when texting past or current clients. 

By following these best practices, you’ll stay compliant while keeping communication open, respectful, and professional. Texting can be an incredibly powerful tool in real estate, but knowing the rules is crucial to using it effectively and legally. 

Related reading: 5 Great Real Estate Tech Tools to Win In This Business 

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