AI calls and texts to real estate leads: a compliance checklist

AI calls and texts to real estate leads are legal when you have the right consent, respect Do Not Call lists and opt-outs, call within allowed hours, register your texting, and say clearly who is reaching out. The FCC has confirmed that AI-generated voices are “artificial” voices under the Telephone Consumer Protection Act (TCPA), so AI calls play by the same rules as robocalls.

This guide walks through each requirement in plain English, links to the primary source for each one, and ends with a checklist you can hand to your team. It is general and deliberately conservative. Your state may add rules, and your lawyer should have the last word.

What did the FCC decide about AI voices in 2024?

The FCC decided that AI-generated voices count as “artificial” voices under the TCPA. The declaratory ruling, FCC 24-17, was adopted on February 2, 2024 and released on February 8, 2024.

In the ruling’s words, the TCPA’s restrictions on the use of “artificial or prerecorded voice” encompass “current AI technologies that resemble human voices,” including voice cloning. The FCC’s news release put it simply: the ruling “recognizes calls made with AI-generated voices are ‘artificial’” under the TCPA, and holds them to the same standards as other robocalls. It also noted that the ruling gives State Attorneys General new tools against bad actors.

For an agent, the practical meaning is this: there is no separate, lighter category for an AI phone call because it sounds natural or holds a real conversation. If an AI voice places the call, treat it as an artificial-voice call for consent, identification and opt-out purposes.

What consent do you need to call or text a lead?

It depends on the kind of call or message. The FCC’s rules at 47 CFR 64.1200 set out two main levels for calls that use an artificial or prerecorded voice:

• Prior express consent for artificial or prerecorded voice calls to wireless numbers, under paragraph (a)(1).
• Prior express written consent for artificial or prerecorded voice calls that are advertising or telemarketing, under paragraphs (a)(2) and (a)(3). The FCC’s news release makes the same point: telemarketers must “obtain prior express written consent from consumers before robocalling them.”

Follow-up calls that encourage someone to buy or sell a home with your help can look a lot like telemarketing. The conservative approach is to plan for prior express written consent before AI calls to leads, and to ask your lawyer where your specific calls fall.

For texts, the wireless industry’s CTIA Messaging Principles and Best Practices describe three levels:

CTIA also says consent should not be transferable: an opt-in applies only to the sender and campaign it was given for. And it recommends keeping records of consent, including the timestamp, how it was collected, the wording the person saw, and the phone number it covers.

Practical takeaway: make sure every web form, portal handoff and open house sign-in that feeds your follow-up carries clear consent language, and that you can show it later.

How do Do Not Call lists and opt-outs work?

There are two lists to respect, plus opt-outs on every message.

The National Do Not Call Registry. According to the FTC, a registration never expires, cell phones can be registered just like home phones, and it can take up to 31 days after someone registers for sales calls to stop. The FTC also notes that companies may still call if the person has recently done business with them or has given written permission to call, but must honor a request to stop. The FCC rule’s safe harbor, at paragraph (c)(2), refers to using a version of the registry obtained no more than 31 days before the call.

Your internal do-not-call list. Under paragraph (d) of 64.1200, anyone making telemarketing calls must keep their own list and a written policy for it, and train the people who make calls. When someone asks not to be called, you must record the request at the time it is made, honor it within a reasonable time not to exceed ten business days, and honor it for five years.

Opt-outs and revoked consent. Paragraph (a)(10) says a person may revoke consent to calls or texts “by using any reasonable method to clearly express a desire not to receive further calls or text messages,” and the rule text says that request must be honored within a reasonable time not to exceed ten business days. CTIA adds that texting programs should accept standard STOP wording and plain-language versions like “stop,” “end,” “unsubscribe,” “cancel,” “quit” and “please opt me out.”

The ten-business-day limit is a ceiling, not a goal. The safe practice is to stop immediately and write the number to your do-not-call list the moment someone asks. These rules are amended from time to time, so check the current text on eCFR.

What hours can you call leads?

Under paragraph (c)(1) of 64.1200, no one may initiate a telephone solicitation to a residential subscriber “before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location).” Paragraph (e) extends the rules in (c) and (d) to telephone solicitations and telemarketing calls or text messages to wireless numbers, to the extent described in the FCC’s TCPA Report and Order, FCC 03-153.

Two details matter in practice. It is the lead’s local time, not yours, so a lead with an out-of-state area code needs care. And some states set narrower hours or add rules of their own, so check your state.

How do you identify yourself, and what is 10DLC?

Say who you are on every call and text, and register the numbers you text from.

On calls. The FCC’s AI ruling notes that all artificial or prerecorded voice messages must provide identification and disclosure information for the entity responsible for the call and offer opt-out methods. Under paragraph (b) of the rule, that includes clearly stating the identity of the business or individual responsible for the call and a telephone number. For telemarketing calls, paragraph (d)(4) requires giving the name of the individual caller, the name of the person or entity on whose behalf the call is made, and a telephone number or address where they can be contacted. With AI calls, that means the AI should say it is calling for you or your team and give a way to reach you.

On texts. CTIA says a call-to-action should make clear the specific identity of the organization or individual being represented in the initial message, along with the program, the number messages come from, fees, and how to opt out.

10DLC. If you send business texts from a standard 10-digit number through software, 10DLC registration applies. The Campaign Registry describes 10DLC as “an A2P messaging channel in which Brands and Campaign Service Providers (CSPs) are verified prior to being allowed to send messages.” Brands register through a messaging provider (a CSP), which registers the brand and its campaigns. In practice, ask whoever sends your texts whether your brand and campaign are registered.

The checklist

Use this before any AI calling or texting goes live:

1. Consent captured on every lead source, with wording that covers calls with artificial voices and texts, and prior express written consent where telemarketing may apply.
2. Consent records kept: when, where, what wording, which number.
3. National Do Not Call Registry checked with a current copy, and any exemptions you rely on documented.
4. Internal do-not-call list with a written policy, trained staff, requests recorded when made and kept for five years.
5. Opt-outs honored immediately on any channel, including plain-language replies, not just STOP.
6. Calling hours of 8 a.m. to 9 p.m. in the lead’s local time, narrowed where your state requires.
7. Identification on every call and message: who is calling, for whom, and how to reach them.
8. 10DLC registration confirmed for every number you text from.
9. Wrong numbers removed so they are not contacted again.
10. A lawyer’s review of your consent language and scripts.

Which of these does Forward Flow handle?

Forward Flow builds several of these into how it runs: opt-outs are honored instantly and written to the Do Not Call list, sending numbers are registered, every message carries the required identification, calls respect quiet hours, and wrong-person replies are flagged and not called again. On calls, the AI introduces itself as part of the agent’s team.

Consent is still yours. Forward Flow works the leads you bring, so the consent language on your forms and sign-ins, and your review with counsel, remain your team’s job. You also approve the scripts, cadence and hours. To hear exactly how an AI call identifies itself, try it as a lead, or read our overview of AI in real estate in 2026.

This is general information, not legal advice. Talk to a lawyer about your own situation.