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 rules cover the ground: Do-Not-Call and the TCPA for phones and texts, and CAN-SPAM for email. Learn what each one requires and its main exceptions, and you can answer the questions. Let us take them in order.

The three rules that govern outreach

Snippet answer: Three federal rules govern how agents contact prospects. The National Do-Not-Call Registry, enforced by the FTC and FCC, restricts calls to registered numbers. The Telephone Consumer Protection Act, or TCPA, sets calling hours and requires consent for autodialed calls and marketing texts. CAN-SPAM governs commercial email. Together they cover phone, text, and email outreach.

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

Snippet answer: The National Do-Not-Call Registry lets consumers list their phone numbers to stop telemarketing calls. A business that makes marketing calls must not call a registered number unless an exception applies, and it must scrub its call list against the registry at least every 31 days. For a real estate agent, this means checking the registry before cold-calling prospects like 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. A business that calls prospects must scrub its list against the registry at least every 31 days, removing newly registered numbers. For an agent, the practical effect is direct. Before cold-calling a for-sale-by-owner seller or an expired listing, you check whether the number is on the registry, because calling a registered number without an exception is a violation.

The two big exceptions: consent and EBR

Snippet answer: You may call a number on the registry in two main situations. First, with prior express written consent from the person. Second, under an established business relationship, or EBR, which exists if the person completed a transaction with you within the past 18 months or made an inquiry within the past 3 months. A consumer can also tell your firm directly to stop calling, which you must honor.

Two exceptions let you call a registered number, and the exam tests them. The first is prior express written consent, meaning the person agreed in writing to be contacted. The second is the established business relationship, or EBR.

The EBR has two time windows worth memorizing. A relationship exists if the person completed a transaction with you within the last 18 months, or if they made an inquiry about your services within the last 3 months. Either window lets you call, even if the number is registered. One more rule sits on top: if a consumer asks your specific firm to stop calling, you must honor that company-specific request regardless of any exception.

Calling hours and text messages

Snippet answer: Under the TCPA, telemarketing calls are allowed only between 8 a.m. and 9 p.m. in the prospect's local time. The TCPA also requires prior express written consent to send autodialed calls or marketing text messages, and texts are treated like calls for consent purposes. Sending a marketing text without consent is a common and costly violation, so agents should get written permission first.

The Telephone Consumer Protection Act adds timing and technology rules. Calls may be made only between 8 a.m. and 9 p.m., measured in the prospect's local time zone, not yours. Calling outside that window is a violation even if the number is not registered.

Texts get special attention because agents use them constantly. Under the TCPA, a marketing text is treated like a call and generally requires prior express written consent. The same goes for autodialed calls and prerecorded messages. The safe habit is to get written permission before texting a prospect a marketing message. Violations can bring private lawsuits of roughly $500 to $1,500 per call or text, which adds up fast.

CAN-SPAM: the email rules

Snippet answer: CAN-SPAM governs commercial email. It requires honest header and subject lines, a clear indication that the message is an advertisement, a valid physical postal address, and a working opt-out link. You must honor an opt-out request within 10 business days, and you cannot charge a fee or demand extra information to opt out. Each violating email can draw a large penalty, so compliance is a per-message duty.

CAN-SPAM sets the rules for marketing email, and its requirements are a checklist. Do not use false or misleading header information or deceptive subject lines. Identify the message as an advertisement. Include a valid physical postal address. And give a clear, working way to opt out.

The opt-out rules are the most tested. You must honor an opt-out within 10 business days, the opt-out method must stay live for at least 30 days after sending, and you cannot make the person pay a fee or hand over extra information to unsubscribe. Each email that violates the law can carry a steep penalty, currently up to tens of thousands of dollars per message and adjusted for inflation, so treat every marketing email as covered.

How this applies to a Texas agent

Snippet answer: For a Texas agent, these rules shape everyday prospecting. Before cold-calling for-sale-by-owner or expired-listing numbers, check the Do-Not-Call Registry and rely on an exception only when one truly applies. Get written consent before sending marketing texts. Make every marketing email CAN-SPAM compliant. These are federal rules, but violating them can also become a TREC conduct issue for a Texas license holder.

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. Get written consent before a marketing text, and build every email to the CAN-SPAM checklist. While these are federal rules enforced by the FTC and FCC, a Texas agent who ignores them can also face TREC scrutiny, since unlawful conduct reflects on fitness to hold a license. Pair this with the Texas advertising rules for the full picture of lawful marketing.

How to study this topic for the exam

Snippet answer: Study the three rules by channel: Do-Not-Call and TCPA for phone and text, CAN-SPAM for email. Memorize the key numbers, the 8 a.m. to 9 p.m. calling hours, the 31-day scrub, the 18-month and 3-month EBR windows, and the 10-business-day opt-out. Then remember the two Do-Not-Call exceptions, written consent and an established business relationship.

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 two exceptions and the channel split. Written consent and EBR let you call a registered number. Phone and text fall under Do-Not-Call and the TCPA, and email falls under CAN-SPAM. Keep this spoke tied to the Practice of Real Estate hub and the antitrust spoke, which together cover lawful business conduct.

Frequently asked questions

Can a real estate agent cold-call a for-sale-by-owner seller? Only if the number is not on the National Do-Not-Call Registry, or an exception applies. The two main exceptions are prior written consent and an established business relationship, which exists if the seller completed a transaction with you within 18 months or inquired within 3 months. Otherwise, calling a registered number is a violation.

What are the legal calling hours for telemarketing? Under the TCPA, telemarketing calls are allowed only between 8 a.m. and 9 p.m. in the prospect's local time zone. Calling before 8 a.m. or after 9 p.m. is a violation regardless of whether the number is on the registry, so always use the recipient's time zone, not your own.

Do marketing text messages require consent? Yes. Under the TCPA, a marketing text is treated like a call and generally requires prior express written consent. Autodialed calls and prerecorded messages also require consent. Sending marketing texts without written permission is a common and costly violation, so get consent first.

What must a marketing email include under CAN-SPAM? It must use honest header and subject lines, identify itself as an advertisement, include a valid physical postal address, and provide a working opt-out. You must honor opt-out requests within 10 business days and cannot charge a fee or require extra information to unsubscribe. Each noncompliant email can draw a significant penalty.

Practice questions

1. An agent wants to cold-call a for-sale-by-owner seller whose number is on the Do-Not-Call Registry. When may the agent legally call? 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. A registered number may be called only with prior written consent or under an established business relationship. Agents are not exempt (A), the day of the week does not create an exception (C), and exceptions do exist, so never is wrong (D).

2. Under the TCPA, telemarketing calls 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 TCPA permits calls only between 8 a.m. and 9 p.m. in the prospect's local time. The window is not tied to the caller's zone (A), the hours apply even to unregistered numbers (C), and the correct window is 8 to 9, not 7 to 10 (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 written from primary federal sources and reverified on July 21, 2026. Telemarketing and email rules are technical and penalties adjust over time, so confirm the current figures before relying on them.

• 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. calling hours, the consent requirement for autodialed calls and marketing texts, and the private-action penalties come from the Telephone Consumer Protection Act and its FCC rules.
• The CAN-SPAM email requirements, the 10-business-day opt-out, the physical-address and ad-label rules, and the per-email penalty adjusted for inflation come from the CAN-SPAM Act and the FTC compliance guidance.
• The point that a Texas license holder can face TREC scrutiny for unlawful conduct comes from the Texas Occupations Code, Chapter 1101.

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
• 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.