TCPA Changes in 2025
Starting Jan. 27, businesses must get written consent for auto-dialed calls, texts, or prerecorded messages. More changes begin in April.
ORLANDO, Fla. — The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 with the goal of limiting unwanted telemarketing calls and faxes. In 2003, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) established a national Do-Not-Call registry. Over the years, there have been amendments to update the act.
NAR Webinar: FCC Consent
A new FCC rule taking effect Jan. 27 impacts telemarketing and promotional texts. Join NAR’s legal and advocacy teams on Tuesday, Jan. 28 at 2:00 p.m. EDT for an info session on telemarketing best practices and the FCC one-to-one consent rule.
The TCPA is enforced by the FCC and state attorneys general. Consumers are also able to file lawsuits against companies that violate the TCPA. TCPA litigation is a significant risk to business organizations that use calls, text messages and faxes to engage with consumers.
The fines for violating the TCPA are steep. Statutory damages are $500-$1500 per violation. A violation occurs when a business contacts someone without their consent using automated dialing systems, pre-recorded messages or SMS texts. Some examples of TCPA violations are:
- Calling a number on the national Do-Not-Call Registry
- Making pre-recorded sales calls to consumers who haven’t consented to be contacted
- Sending unsolicited texts to cell phones
- Continuing to call consumers who have asked to be removed from a call list
In 2025, there are some updates to the TCPA. Beginning Jan. 27, new consent rules for robocalls and robotexts will begin. If you want to call, text, or drop a prerecorded message using an auto-dialer, marketers must obtain one-to-one written consumer consent, called the one-to-one consent rule. The goal of the rule is to target lead generators, but it could affect any business that relies on consumer consent for these types of communications or purchases leads from third parties.
Another big change takes effect April 11, 2025. This is when the FCC’s new consent revocation rules for robocalls and robotexts are implemented, called the consent revocation rule. This change allows consumers to revoke prior consent through any reasonable method and marketers may not designate an exclusive means for revocation. The revocation request must be handled in a reasonable timeframe not to exceed 10 business days.
Some best practices to ensure compliance include the following:
- Provide a clear explanation of the type of communication consumers are consenting to
- Offer an easy opt-out mechanism
- Establish thorough consent tracking systems to ensure accurate documentation of consumer consent for marketing communications
- Implement real-time consent management to address opt-out requests efficiently and avoid any delays in communication cessation
Keep in mind, this update is regarding the federal TCPA. In Florida, we have a separate law typically referred to as the Mini-TCPA. While similar, they are not the same. For questions about these complicated laws, always consult with your own attorney.
Stay vigilant Realtors®!
Maria Marchante is Associate General Counsel