Calling rules
Can you cold call cell phones for real estate?
Under federal law, yes: a live caller can dial a cell phone by hand without the owner’s prior consent, as long as the number is not on a do-not-call list and the call is inside 8 a.m. to 9 p.m. What needs written consent is the automated part: recorded or AI voices, and autodialed calls and texts. Some states go further.
Federal law
What the federal rules say about mobiles
- The Do Not Call Registry covers cell phones. Mobile numbers can be registered like landlines, and the same scrub applies to both.
- Calling hours are the same: 8 a.m. to 9 p.m. in the owner’s time zone. Go by where the owner lives, not the area code, because people keep their numbers when they move.
- Autodialers and recorded voices need consent. The Telephone Consumer Protection Act bars calls to a cell phone made with an automatic telephone dialing system or an artificial or prerecorded voice without the owner’s prior express consent, and for sales calls the FCC requires that consent in writing.
- AI voices count as artificial voices. The FCC ruled so in February 2024, so an AI caller needs the same written consent as a recording.
- Ringless voicemail is a call. The FCC ruled in 2022 that a voicemail dropped straight into the inbox is covered too, so it needs consent like any other prerecorded message.
- Texts are calls. Federal rules treat a text as a call, so marketing texts sent with an autodialer need the same written consent.
What counts as an “automatic telephone dialing system” was narrowed by the Supreme Court in Facebook v. Duguid (2021) to equipment that stores or produces numbers with a random or sequential number generator. Lawsuits still argue over specific dialers, and several states define automated dialing more broadly, so have your attorney look at the dialer you use.
State rules
States that add rules for cell phones and texts
- Arizona: no unsolicited sales calls to mobile phones.
- Louisiana: solicitation calls to cell phones need the owner’s prior consent.
- Connecticut: since 2023, sales calls and texts need prior express written consent, and calls run only from 9 a.m. to 8 p.m.
- Wyoming: no unsolicited sales calls to unpublished cell numbers.
- Florida: calls and texts placed with an automated system that selects and dials numbers, or with a recorded message, need prior express written consent, and no more than 3 calls in 24 hours.
- Oklahoma and Maryland: written consent for automated calls, and no more than 3 calls in 24 hours.
- Washington: commercial texts to Washington mobiles need prior consent, and robocalls for sales are banned.
- New Jersey and Rhode Island: unsolicited text advertisements to mobiles are restricted.
- Oregon and Virginia: state telemarketing rules now cover texts as well as calls.
The cold calling laws by state table has every state’s do-not-call list, hours and call rules side by side.
In practice
How investors call mobiles the safe way
- Scrub every list against the national registry, using a copy no more than 31 days old, and against any state list that applies.
- Have live callers place the calls, on a dialer your attorney has reviewed.
- Call inside the owner’s window. The can I call now? checker shows it for any state.
- No voicemail drops, recordings or AI voices without written consent.
- Text only people who opted in, and honor every “stop” at once.
General information, not legal advice. Laws change; have your attorney confirm what applies to your campaign.
FAQ
Frequently Asked Questions
Is it legal to cold call cell phones for real estate?
Under federal law, a live caller dialing by hand may call a cell phone that is not on a do-not-call list, inside 8 a.m. to 9 p.m. Autodialed calls, recordings and AI voices need prior express written consent. Arizona, Louisiana and Connecticut add stricter rules for mobiles.
Does the Do Not Call list include cell phones?
Yes. Mobile numbers can be registered like landlines, so scrub every number before calling it.
Do I need consent to text a homeowner?
Marketing texts sent with an autodialer need prior express written consent under federal rules, and several states restrict text ads further. The safe course is to text only people who opted in.
Are ringless voicemail drops legal?
Not without consent. The FCC ruled in 2022 that a ringless voicemail is a call, so a prerecorded drop needs the same consent as a robocall.
Live callers, scrubbed lists, the right hours
Real estate investors: our live callers work your scrubbed lists by the owner’s local time and each state’s rules. Your first week is free, and if we don’t hand you at least 3 sellers who want an offer, you pay nothing.