Do-Not-Call and CAN-SPAM Rules for the Texas Exam

Agents prospect by phone, text, and email, so the exam expects you to know the federal rules that govern each. Cold-calling for-sale-by-owner sellers and expired listings is common, and it runs straight into the Do-Not-Call rules. This spoke is part of the Practice of Real Estate area.

Three rule sets cover the ground: Do-Not-Call restrictions, the TCPA/FCC rules for calls and texts, and CAN-SPAM for commercial email. The exam shortcut is useful, but actual compliance turns on the channel, purpose, technology, recipient, consent, and any revocation or company-specific stop request.

The three rules that govern outreach

The National Do-Not-Call rules restrict covered telephone solicitations to registered numbers. The Telephone Consumer Protection Act, or TCPA, and FCC rules regulate calls and texts, including technology-specific consent rules and residential calling hours. CAN-SPAM governs commercial email. These regimes overlap, so satisfying one does not excuse another.

Start with a map of the three, because each covers a different channel.

The Do-Not-Call rules and the TCPA overlap, since both deal with phones and are enforced through the FTC and FCC. CAN-SPAM is separate and covers email. Keep the channels straight: phone and text on one side, email on the other.

The National Do-Not-Call Registry

The National Do-Not-Call Registry lets consumers list residential and wireless numbers to limit telemarketing calls. A seller making covered outbound calls must not call a registered number unless an exception applies and must use a registry version downloaded no more than 31 days before the call. For a real estate agent, that means checking the registry before cold-calling prospects such as for-sale-by-owner sellers.

The registry is a consumer opt-out list. People add their numbers to stop unsolicited sales calls, and telemarketers must respect it. A business cannot lawfully make marketing calls to a registered number unless it fits an exception.

There is also a maintenance duty. Calling from an older list is not enough merely because the number was clear months ago. And a seller advertising a property does not, by itself, necessarily invite calls asking for the listing; the content and purpose of the agent's call matter.

The two big exceptions: consent and EBR

Two principal National Do-Not-Call exceptions are a consumer's signed written permission to call the specified number and an established business relationship, or EBR. Under the FTC rule, an EBR can arise from a transaction within the previous 18 months or an inquiry or application within the previous 3 months. Neither exception permits a seller to ignore the consumer's company-specific Do-Not-Call request.

The first exception requires more than a number appearing on a lead form: the written agreement must show the consumer's permission to receive calls from or on behalf of the identified seller to the specified number and include the consumer's signature. The second is the EBR.

The EBR has two exam-worthy windows: 18 months after the consumer's last purchase, delivery, payment, or other transaction with the seller, and 3 months after the consumer's inquiry or application about the seller's goods or services. A company-specific stop request ends reliance on the EBR for future solicitation calls.

Calling hours and text messages

The FCC's TCPA rules generally limit telephone solicitations to residential subscribers to 8 a.m. through 9 p.m. at the called party's location. Prior express written consent is required for specified telemarketing or advertising calls using an automatic telephone dialing system or an artificial or prerecorded voice; FCC rules treat texts as calls. That does not mean the TCPA creates one blanket written-consent rule for every manually dialed, person-to-person marketing text. Do-Not-Call, revocation, state law, carrier rules, and other TCPA provisions can still apply.

What the TCPA adds

The Telephone Consumer Protection Act adds timing, technology, consent, identification, and opt-out rules. For the exam, remember the 8 a.m. to 9 p.m. local-time window for covered residential telephone solicitations. In practice, first identify whether the communication is a solicitation and what technology is being used.

Why texts get special attention

Texts get special attention because agents use them constantly. A telemarketing text sent with regulated automated technology can require prior express written consent, and artificial or prerecorded telemarketing messages have their own consent rules. A recipient may revoke consent by any reasonable method; under the current FCC rule, the caller must honor a valid revocation as soon as practicable and no later than 10 business days. Written, channel-specific permission remains the safest operational baseline, but the legal explanation must preserve the technology and message-purpose distinctions. The TCPA permits statutory damages of $500 per violation and up to three times that amount for a willful or knowing violation, subject to the statute and the facts.

CAN-SPAM: the email rules

CAN-SPAM governs commercial email, including business-to-business messages. It generally does not require advance opt-in consent. Instead, it requires accurate header information, a nondeceptive subject line, clear and conspicuous identification as an advertisement unless the recipient gave prior affirmative consent, a valid physical postal address, and a clear opt-out mechanism. Opt-outs must be honored within 10 business days.

CAN-SPAM sets the rules for messages whose primary purpose is commercial advertisement or promotion. Do not use false or misleading routing information or a deceptive subject line. Identify the message as an advertisement when required, include a valid current postal address, and give a clear way to stop future commercial email.

The opt-out rules are the most tested. You must honor an opt-out within 10 business days, and the mechanism must remain capable of receiving requests for at least 30 days after sending. You cannot charge a fee, require information beyond the recipient's email address and opt-out preferences, or force more than a single webpage visit. Penalty ceilings change with inflation, so this guide does not turn a temporary dollar figure into an exam rule.

How this applies to a Texas agent

For a Texas agent, these rules shape everyday prospecting. Before cold-calling for-sale-by-owner or expired-listing numbers, check the National Registry and the brokerage's company-specific list, and rely on an exception only when the facts support it. For texts and automated or prerecorded outreach, document the message purpose, technology, consent, and any revocation. Make every commercial email CAN-SPAM compliant.

In daily practice, these rules govern how you drum up business. Prospecting calls to for-sale-by-owner sellers and expired listings are a classic gray area, because those numbers are often on the registry. You may call only if the number is not registered or a real exception applies, such as the seller having inquired about your services recently.

The same care extends to texts and email. Written permission is a strong compliance control, but do not mistake that policy for proof that every manual text falls under the TCPA's written-consent provision. Build commercial email to the CAN-SPAM checklist and make suppression requests effective across the people sending on the brokerage's behalf. Pair this with the Texas advertising rules for the state advertising layer.

How to study this topic for the exam

Study the rules by asking four questions: What channel is used? Is the message a solicitation or advertisement? What technology sends it? Has the consumer consented, registered, opted out, or revoked consent? Then memorize the exam numbers: 8 a.m. to 9 p.m. for covered residential solicitation calls, a registry version no older than 31 days, 18-month and 3-month EBR windows, and 10 business days for a CAN-SPAM opt-out and the current FCC revocation deadline.

Keep the numbers front and center, because that is what questions test. Calling hours are 8 a.m. to 9 p.m. local. Lists are scrubbed every 31 days. The EBR windows are 18 months for a transaction and 3 months for an inquiry. Email opt-outs are honored within 10 business days.

Then hold the qualifications: written permission or an EBR can support a call to a nationally registered number, but a company-specific stop request controls. Texts are TCPA “calls,” yet written-consent duties depend on the purpose and technology. CAN-SPAM generally regulates commercial email through disclosure and opt-out rather than a blanket opt-in rule.

Frequently asked questions

Can a real estate agent cold-call a for-sale-by-owner seller? Only if the call complies with the applicable rules. For example, the number may be unregistered, or valid signed written permission or a qualifying EBR may support the call. An EBR generally reaches 18 months after a transaction or 3 months after an inquiry, but it does not override a company-specific stop request. Advertising a home does not automatically mean the owner asked that agent for listing services.

What are the legal calling hours for telemarketing? The FCC rule generally permits telephone solicitations to residential subscribers only from 8 a.m. to 9 p.m. at the called party's location. The timing rule and the National Registry are separate filters; passing one does not satisfy the other.

Do marketing text messages require consent? FCC rules treat a text as a call. Prior express written consent is required for specified advertising or telemarketing calls or texts using an automatic telephone dialing system or artificial or prerecorded voice. The TCPA does not impose that one written-consent rule on every manually sent, person-to-person marketing text, although Do-Not-Call, revocation, state, carrier, and other rules may still restrict it. Documented written permission is the prudent operational standard.

What must a marketing email include under CAN-SPAM? It must use accurate routing information and a nondeceptive subject, include a valid postal address, identify itself clearly as an advertisement when required, and provide a clear opt-out. The sender must honor an opt-out within 10 business days and keep the mechanism working for at least 30 days. CAN-SPAM generally does not require advance opt-in consent for commercial email.

Practice questions

1. An agent wants to cold-call a for-sale-by-owner seller whose number is on the National Do-Not-Call Registry, and the seller has not made a company-specific stop request. Which fact could support an exception? A. Anytime, because agents are exempt B. Only with written consent or an established business relationship C. Only on weekends D. Never, under any circumstances

Answer: B. Valid written permission or an established business relationship can support a National Registry exception. Agents have no blanket exemption (A), the day of the week creates none (C), and exceptions exist (D). A company-specific stop request would still control.

2. Under the FCC's TCPA rule, telephone solicitations to residential subscribers generally may be made only during which hours? A. 9 a.m. to 5 p.m. in the caller's time zone B. 8 a.m. to 9 p.m. in the prospect's local time C. Any time, if the number is not registered D. 7 a.m. to 10 p.m. nationwide

Answer: B. The FCC rule uses 8 a.m. to 9 p.m. at the called party's location. The window is not tied to the caller's zone (A), a number's National Registry status is a separate issue (C), and 7 to 10 is wrong (D).

3. An established business relationship that allows calling a registered number exists if the consumer: A. Lives in the agent's market area B. Completed a transaction within 18 months or inquired within 3 months C. Answered a call once before D. Is a friend of a past client

Answer: B. The EBR exists if the consumer completed a transaction within 18 months or made an inquiry within 3 months. Living nearby (A), answering a prior call (C), or knowing a past client (D) do not create an established business relationship.

4. Under CAN-SPAM, how quickly must a sender honor an email opt-out request? A. Immediately, within 24 hours B. Within 10 business days C. Within 30 days D. There is no deadline

Answer: B. CAN-SPAM requires honoring an opt-out within 10 business days. The opt-out mechanism must also remain functional for at least 30 days after the message, but the deadline to act on a request is 10 business days.

Sources and methodology

This guide was reverified against primary federal sources on August 12, 2026, including the eCFR current through August 7, 2026. Telemarketing rules depend on message purpose, technology, recipient, consent, and revocation; penalty ceilings also change, so confirm the current sources before operational use.

• The National Do-Not-Call Registry, the 31-day scrubbing duty, and the established-business-relationship exceptions (18 months for a transaction, 3 months for an inquiry) come from the FTC Telemarketing Sales Rule and the FCC rules under the TCPA.
• The 8 a.m. to 9 p.m. residential-solicitation window, technology-specific prior-express-written-consent rules, treatment of texts as calls, and revocation deadline come from 47 U.S.C. Sec. 227 and 47 C.F.R. Sec. 64.1200.
• The CAN-SPAM requirements, 10-business-day opt-out, 30-day mechanism, physical-address rule, and advertising-identification qualification come from the CAN-SPAM Act and current FTC compliance guidance.

Verify all telemarketing and email rules and current penalty amounts against the FTC and FCC before you rely on them in practice.

Official source links

• FTC, National Do Not Call Registry
• FTC, CAN-SPAM Act Compliance Guide
• FCC, Telemarketing and Robocalls
• eCFR, 47 C.F.R. Sec. 64.1200
• FTC, Complying with the Telemarketing Sales Rule
• Texas Occupations Code Chapter 1101 (TRELA)

This article is exam-prep education for the Texas real estate sales agent license. It is not legal advice, and it does not create an agency relationship. Telemarketing and email laws are technical, change over time, and depend on the specific facts. Always confirm the current FTC and FCC rules and consult qualified counsel, and work under the supervision of your sponsoring broker before acting.