Can Real Estate Agents Use AI Calls and Texts? TCPA Rules Explained

Short answer: Yes, but only with the right consent. The FCC ruled in February 2024 that AI-generated voices count as "artificial or prerecorded voice" under the Telephone Consumer Protection Act, so AI voice calls need the person's prior express consent, and marketing calls need prior express written consent. The same caution applies to automated marketing texts. AI that replies to a lead who contacted you is lower risk than cold outreach; cold AI calls to purchased lists are the highest-risk use.

Updated October 21, 2026. Prices come from vendors' official pricing pages and change often.

What the FCC actually decided

In a Declaratory Ruling adopted February 2, 2024 (FCC 24-17), the FCC confirmed that the TCPA's restrictions on "artificial or prerecorded voice" cover current AI technologies that generate human voices, including voice cloning. Calls using them require the called party's prior express consent unless an emergency purpose or exemption applies. For telemarketing (calls that market your services, such as "thinking of selling?"), FCC rules require prior express written consent. You can read the FCC's summary of the ruling.

What counts as consent

Prior express written consent is a signed agreement (an electronic signature such as a checked box on a web form can qualify) that clearly authorizes you to contact a specific number with marketing calls or texts using automated technology or an artificial voice, and says consent isn't a condition of any purchase. Practical rules: put clear TCPA consent language on your own website, open-house sign-in and landing pages; keep records of when and how each lead consented; and don't assume a lead portal's consent covers your AI dialer. A broader 2023 FCC "one-to-one consent" rule was struck down by a federal appeals court in January 2025, but naming your business clearly in the consent is still the safer practice.

Lower-risk vs. higher-risk AI uses

Lower risk: an AI assistant replying by text or chat to a buyer who just messaged you or submitted your own form (tools like Structurely, Verse, Agentype), AI that drafts messages you send yourself, and AI meeting notes. Higher risk: AI voice agents placing outbound calls, automated marketing texts to old databases with unclear consent, and anything aimed at expired listings, FSBOs or purchased lists, which often include numbers on the National Do Not Call Registry. Human-staffed services like CallAction still need consent for automated texts.

Do Not Call, quiet hours and opt-outs

Scrub marketing calls and texts against the National Do Not Call Registry and your own internal do-not-call list. FCC rules bar telemarketing calls before 8 a.m. or after 9 p.m. in the recipient's local time, and several states set stricter hours or extra rules. Every automated message should identify you and give an easy way to opt out; honor STOP-type replies promptly and make sure your AI tool stops all marketing to that number. Ask any vendor how it handles consent capture, DNC scrubbing, quiet hours and opt-outs before you turn it on.

Why it matters: the penalties

The TCPA lets consumers sue for $500 per violating call or text, up to $1,500 if willful, and class actions against real estate brands have produced large settlements. Fines can also come from the FCC and state attorneys general. One misconfigured AI campaign can send thousands of messages in a day, so start with inbound-response use cases and add outbound only with documented consent. Compare tools in our lead follow-up guide, see AI chatbots and lead response and CRMs. This is general information, not legal advice; talk to your broker or a TCPA attorney before launching automated outreach.

Tools mentioned

Tool	Best for	Pricing
Structurely	Automated lead qualification	Usage-based tokens: voice from $0.07/min, SMS from $0.02/message, email from $0.02 (as of 2026-10-20, from official pricing page)
Verse	Speed-to-lead for high lead volume	unknown (not verified; check vendor site)
CallAction	Responding fast to inbound leads	$299/mo (200 new leads), $599/mo (500), $999/mo (1,250); extra leads ~$1.50 each (as of 2026-10-20, from official pricing page)
Agentype	Solo agents who want an AI-first CRM that works from their inbox	$79/mo flat, one plan; 14-day free trial, no card required (as of 2026-10-21, from official pricing page)
Ylopo	Teams buying online leads that need nurturing	unknown (not verified; check vendor site)
Follow Up Boss	Teams centralizing leads from many sources	Grow $69/user/mo; Pro $499/mo incl. 10 users; Platform $1,000/mo incl. 30 users (monthly billing; yearly cheaper) (as of 2026-10-20, from official pricing page)

FAQ

Can Real Estate Agents Use AI Calls and Texts? TCPA Rules Explained?

Yes, but only with the right consent. The FCC ruled in February 2024 that AI-generated voices count as "artificial or prerecorded voice" under the Telephone Consumer Protection Act, so AI voice calls need the person's prior express consent, and marketing calls need prior express written consent. The same caution applies to automated marketing texts. AI that replies to a lead who contacted you is lower risk than cold outreach; cold AI calls to purchased lists are the highest-risk use.

Can I use an AI voice clone of myself to call leads?

A cloned voice is still an artificial voice under the FCC's 2024 ruling, so the same consent rules apply as for any AI or prerecorded voice call.

Are AI text replies to Zillow or website leads legal?

Replying to someone who asked you to contact them is generally lower risk, but marketing texts sent with automated systems still need proper consent. Make sure your forms and lead sources include clear consent language, and keep records.

Does the TCPA apply to texts?

Yes. The FCC treats text messages as calls under the TCPA, so automated marketing texts need consent and must respect Do Not Call rules.

Is calling expired listings with an AI dialer allowed?

It is the riskiest use: those numbers usually haven't consented to contact from you and many are on the Do Not Call Registry. Many attorneys advise against automated or AI-voice calls to these lists.