Is cold texting property owners legal?
By Josh MillerUpdated 5 min readCold texting is the riskiest way to reach owners: marketing texts sent with an autodialer to cell phones generally need prior express written consent under the federal TCPA, with damages of $500 to $1,500 per message, and Florida, Oklahoma and Maryland have their own laws that reach further. Texting owners who gave you consent, or who texted you first, is far safer than texting skip-traced lists.
Texting looks like the cheapest way to reach a lot of owners. It's also the one most likely to end in a lawsuit. Here's where the lines are. This is general information, not legal advice. Talk to an attorney who knows telemarketing law before you text or call at scale.
Federal law: the TCPA
- Texts count as calls. Courts and the FCC treat text messages as calls under the Telephone Consumer Protection Act.
- Autodialed marketing to cell phones needs consent. Marketing texts sent with an autodialer generally require the recipient's prior express written consent. In 2021 the Supreme Court narrowed what counts as an autodialer (Facebook v. Duguid), but several state laws define it more broadly.
- Do Not Call applies. The FCC applies Do Not Call protections to marketing texts.
- Damages: $500 per message, up to $1,500 if willful. A thousand-text blast is a large exposure, and these cases are often filed as class actions.
State laws that go further
| State | What it adds |
|---|---|
| Florida | Florida Telephone Solicitation Act: consent rules for automated marketing texts, calling hours, and its own damages |
| Oklahoma | Oklahoma Telephone Solicitation Act, modeled on Florida's |
| Maryland | Stop the Spam Calls Act, with similar rules |
| Texas and others | Telemarketing registration or rules that can apply to solicitations |
Carriers block it anyway
Even where it's legal, carriers filter business texts. Messages from 10-digit numbers need 10DLC registration, and traffic with high opt-out or complaint rates gets blocked. A cold text blast often doesn't arrive.
Safer ways to use texting
- Reply to owners who texted or called you from your mail or ads.
- Get consent on your web form or lead form, in clear words, before you text.
- Send one-to-one, by hand, to an owner you've already spoken with.
- Honor opt-outs instantly and keep records.
Mail has no consent rule
Mail reaches every owner with an address, with no consent requirement beyond honest content. Point it at owners with a recent filing, who sold off-market at 12 to 13 of every 100 within a year in the county records, and let them text you. Mail vs calls vs texts.
Questions investors ask
Is it legal to text property owners?
Texting someone who gave you consent, or who texted you first, is generally fine. Cold marketing texts to cell numbers, sent with an autodialer or texting platform, carry real risk under the federal TCPA and state laws.
What are the penalties for illegal texts?
Under the TCPA, $500 per message, up to $1,500 if willful, often pursued as class actions. State laws like Florida's add their own damages.
Does the Do Not Call list apply to texts?
Courts and the FCC have treated texts as calls under the TCPA, and the FCC applies Do Not Call protections to marketing texts. Scrub every number.
What is 10DLC?
Carrier registration for businesses sending texts from ordinary 10-digit numbers. Unregistered or high-complaint traffic gets filtered or blocked, whatever the law says.