Express Written Consent, Do Not Call List, and Florida Mini-TCPA

As a real-estate investor or wholesaler, marketing to motivated sellers is key. But today’s telemarketing and privacy laws make it critical to understand what’s legally allowed when reaching out to motivated sellers — especially if you use AI callers, auto-dialers, or SMS automation.

This article explains how to stay compliant with the TCPA, Florida’s Mini-TCPA, and Do-Not-Call (DNC) rules — so you can focus on buying houses and doing deals safely and profitably without violating any laws.

What Is “Prior Express Written Consent”?

The Telephone Consumer Protection Act (TCPA) is a federal law that limits how you can contact consumers by phone or text.

Under the TCPA, you need prior express written consent before calling or texting someone using:

• An automated dialing system,
• Automated Text Messages
• A recorded voicemail message or artificial voice, or
• Any AI system that automatically selects and dials or texts numbers.

To Qualify as Legal “ Express Written Consent,” Your Form Must Include:

1. A clear statement that they authorize you to contact them using automated systems, prerecorded messages or via phone or text.
2. The specific phone number that may be contacted.
3. A disclosure that consent is not required to buy goods or services.
4. A signature (digital or physical) that can be verified by capturing their IP Address and time and date.

Example That We Use With Our Students:

By clicking submit and submitting your property address, your name, email address and phone number on our website, or by calling any phone number on this website, or any other website that our company owns, or any postcard or direct mail that you may have received from us, you agree and acknowledge that you have provided us with “specific express written consent” to contact you with regard to making an offer to buy your property. We will contact you by calling your phone number that you provided, and we will also contact you about buying your property by sending emails to your email address, and text messages to the phone number that you provided. By submitting your name, property address, phone number and email address on our website, or by calling any phone number on this website or any phone number that we own on any of our other websites, or any phone number listed on Google or on Google Business, including any phone number on a postcard or direct mail that you received from us, you agree that you are providing our company with express written consent to contact you about buying your property. By providing us with your phone number you agree to receive telephone calls and text messages from us about buying your property to the phone number that you provided on this form. You also agree that you are providing us with express written consent to contact you about buying your property with automated marketing communication, including calls via auto-dialers, and AI callers using AI and automated SMS text messages, voicemail messages, as well as auto dialers and automated emails. Message and data rates may apply to text messages. To opt out from text messages, please reply STOP to any message. To opt out of telephone calls or emails please let us know if you do not want to receive any more emails or calls from our company about buying your property by replying to the email with STOP or by telling our representative on the phone that you do not wish to receive any more phone calls or text messages from us and we will no longer continue to contact you.

Important: The checkbox must be unchecked by default, and the person needs to check the box and complete the form. Your form must store the timestamp, and the IP address, and form version in your CRM or database.

Disclaimer: Please consult with your TCPA Attorney. This is not to be construed as legal advice and this article is purely for information and educational purposes. Do not copy and paste the text above without reviewing it with your TCPA Attorney to make sure that you are in compliance. We will not assume any liability for you using any text from this article and you agree to hold us harmless from using any information from the form above.

The National Do Not Call (DNC) List

The National Do-Not-Call Registry allows consumers to opt out of unsolicited calls. You cannot legally call or text any number on this list without prior express written consent.

✅ How to Stay Compliant:

• Register at telemarketing.donotcall.gov
• Download and scrub your lists every 30 days.
• Keep proof of each scrub (in case of audit).

Violations cost $500–$1,500 per call or text, even for unintentional mistakes.

The Florida “Mini-TCPA” (Florida Telephone Solicitation Act)

Florida passed its own version of the TCPA — called the Florida Telephone Solicitation Act (FTSA) — which is even stricter than the federal law.

Key Differences Between Federal & Florida Rules

Why It Matters for Investors:

• You must scrub against both the National DNC and the Florida DNC list.
• You cannot use AI or prerecorded voice messages, or auto-dialers without express written consent
• You cannot use automated text messages without express written consent from the seller
• You must respect Florida’s stricter 8 a.m.–8 p.m. calling window (in their time zone)
• You may not call more than three times in 24 hours about the same topic.

Failing to comply could expose you to lawsuits or fines — and Florida courts have already awarded large judgments against “We Buy Houses” companies. This is an evolving area of the law and the laws are constantly changing. One big grey area of the law is whether or not house buying companies are soliciting consumers if they are not selling anything but are instead making an offer to buy their house. See the landmark case “Cofey vs Fast Easy Offer” where a house buying company was sued on the basis of violating the Telecommunications Privacy Act. This is an evolving area of law and you should consult with a TCPA attorney and be aware of changes to laws regarding TCPA and Mini TCPA.

Using AI Callers or Auto-Dialers

AI calling tools for motivated sellers sound exciting — they can simulate human conversation, qualify leads, and save time. But legally, most of these systems count as automated dialing systems under both federal and Florida law.

That means you cannot use them to call or text homeowners without prior express written consent.

Even if your AI voice sounds human, regulators look at how the call is placed, not how it sounds.

Best Practices for Real-Estate Investors

• Always collect express written consent. Use a proper opt-in form with checkbox and timestamp.
• Scrub your lists every 30 days using national and state DNC Lists.
• Avoid prerecorded or AI calls unless the homeowner provided express written consent.
• Respect call times (8 a.m.–8 p.m. in Florida).
• Keep audit logs of all consents and scrub reports for at least four years.
• Use reputable platforms that include DNC compliance features.
• Train your team and VA’s. Compliance isn’t optional — it’s a vital part of doing business legally.

Example: How to Collect Consent Legally on Your Website

You can add a disclosure like this to your “Get a Cash Offer” form on your website

By clicking submit and submitting your property address, your name, email address and phone number on our website, or by calling any phone number on this website, or any other website that our company owns, or any postcard or direct mail that you may have received from us, you agree and acknowledge that you have provided us with “specific express written consent” to contact you with regard to making an offer to buy your property. We will contact you by calling your phone number that you provided, and we will also contact you about buying your property by sending emails to your email address, and text messages to the phone number that you provided. By submitting your name, property address, phone number and email address on our website, or by calling any phone number on this website or any phone number that we own on any of our other websites, or any phone number listed on Google or on Google Business, including any phone number on a postcard or direct mail that you received from us, you agree that you are providing our company with express written consent to contact you about buying your property. By providing us with your phone number you agree to receive telephone calls and text messages from us about buying your property to the phone number that you provided on this form. You also agree that you are providing us with express written consent to contact you about buying your property with automated marketing communication, including calls via auto-dialers, and AI callers using AI and automated SMS text messages, voicemail messages, as well as auto dialers and automated emails. Message and data rates may apply to text messages. To opt out from text messages, please reply STOP to any message. To opt out of telephone calls or emails please let us know if you do not want to receive any more emails or calls from our company about buying your property by replying to the email with STOP or by telling our representative on the phone that you do not wish to receive any more phone calls or text messages from us and we will no longer continue to contact you.

Consent Notice:

✅  Links to Privacy Policy and Terms of Service

✅  Box should be unchecked by default

✅  Timestamp + stored IP Address in CRM

(If you use Carrot for Your Motivated Seller Website this can be added in minutes.)

The Bottom Line

AI is revolutionizing how we connect with sellers — but laws haven’t caught up. If you’re calling or texting motivated sellers with automation, you must:

• Get prior express written consent,
• Scrub against national and state DNC lists, and
• Follow all time and frequency restrictions.

Doing it right protects your business, builds trust with sellers, and keeps your operation compliant — something every professional investor should take seriously.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified TCPA attorney before implementing outbound calling to motivated sellers (especially with AI).

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