Can Realtors Cold Call or Text Homeowners in Florida? The FTSA and TCPA in Plain English
Florida's telephone solicitation law and the federal TCPA both apply to agents pitching listings. What is allowed by phone, text, mail and door knock, in plain language.
Short answer
Cold calling is allowed only to numbers that are not on the National or Florida do-not-call lists, during allowed hours, by a real person. Cold texting homeowners you found in public records is where most agents get into trouble, because texts count as telephone solicitations under Florida law and automated texting without written consent is the main target of lawsuits.
What counts as a sales call
Asking a homeowner to list their house is a solicitation, even if the property is a FSBO or an expired listing. The National Do Not Call Registry applies to those calls. There are narrow exceptions: the person inquired with you in the last three months, did business with you in the last 18 months, or gave written permission. Florida's own exemption for agents answering a seller's yard sign or ad only covers the Florida list, not the national one.
Florida's extra rules
- Call only between 8 a.m. and 8 p.m. local time.
- No more than three calls in 24 hours to the same person about the same subject.
- Give your real name and your brokerage, and show a caller ID number that rings back to you.
- No automated dialing, prerecorded messages or AI voices without prior express written consent. Florida accepts a checked box or a texted YES as a signature.
- Damages run $500 per violation, and more if willful.
What is safe
- Direct mail with your brokerage name on it.
- Door knocking, while respecting No Soliciting signs and city rules.
- Calling or texting people who asked you to, such as someone who filled out your home value form and checked the consent box.
- Keeping a permanent do-not-contact list for anyone who opts out.
How SBS keeps agents on the right side
SBS for Real Estate gives you public-records leads as mail and door-knock lists, never as cold-text lists. Every mailer points to your own home value page, which captures the owner's written consent before any call or text. Opt-outs are honored automatically.
This article is general information, not legal advice. Talk to a Florida attorney who handles TCPA and FTSA matters before starting any phone campaign.
This article is general information, not legal advice. Laws change; check with a Florida attorney before acting on it.
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SBS for Real Estate pulls Florida county records each week, finds sellers in your ZIP codes, prints the letters and captures owners who ask for a value. Solo agents $149/month, teams $399/month.
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