Yes, real estate agents can use AI for lead follow-up, as long as they have the right consent first. In February 2024, the FCC ruled that AI-generated voices count as "artificial" voices under the Telephone Consumer Protection Act (TCPA), so the same consent rules that apply to robocalls apply to AI calls. Texts count too. The good news is that most of the value of AI follow-up doesn't depend on cold calling at all: it comes from responding faster to people who already asked to hear from you.
General information, not legal advice. Talk to your broker's compliance contact or an attorney about your specific setup.
What did the FCC decide about AI voice calls?
In a Declaratory Ruling released February 8, 2024 (FCC 24-17), the Federal Communications Commission found that voice cloning and similar AI technologies produce "artificial" voices, because a person is not speaking them. That puts AI voice calls under the TCPA's existing rules. In the FCC's words, callers must get prior express consent from the called party before making a call that uses an artificial or prerecorded voice generated through AI.
Do the rules apply to text messages too?
Yes. The FCC has confirmed that a text message is a "call" under the TCPA. Automated texts to a cell phone need the same prior consent as automated calls.
What kind of consent do you need for AI follow-up?
It depends on what the message is:
- Marketing messages (for example, "thinking of selling? Let's talk") sent with an artificial voice or an autodialer to a cell phone need prior express written consent. Under FCC rules, that's a signed written agreement, which can be electronic, that authorizes those messages. Signing can't be a condition of buying anything.
- Non-marketing messages (for example, confirming a showing someone booked) generally need prior express consent, which is a lower bar.
In practice, the simplest approach is to collect clear written consent on every web form, open house sign-in and lead source before any automated follow-up starts, and keep a record of it.
What other calling rules still apply?
- Calling hours. FCC rules bar telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m., local time for the person you're calling.
- The National Do Not Call Registry. Telephone solicitations to numbers on the registry aren't allowed unless an exception applies, such as the person's signed written permission.
- State laws. Some states have their own telemarketing laws that are stricter than the federal rules. Check the rules in the states where your leads live.
What happens if you get it wrong?
The TCPA lets consumers sue for $500 per violation, and a court can raise that to as much as three times the amount, up to $1,500, for willful or knowing violations. Because each call or text can count separately, this is worth setting up correctly from the start.
The fix is not complicated: get consent before automating, honor opt-outs right away, and keep records. Most brokerages already collect much of this information. It just needs to be captured consistently and checked before a message goes out.
How can an AI agent help with follow-up and stay within the rules?
A well-built follow-up agent can make compliance easier, not harder:
- Check consent first. The agent confirms a lead has a consent record before sending any automated message, and routes leads without one to a person.
- Respect quiet hours. It schedules messages inside allowed hours for the lead's time zone.
- Handle opt-outs immediately. When someone replies "stop," it updates the CRM so no one contacts them again by mistake.
- Log everything. Every message and consent record is saved, which is what you'd want if anyone asks questions later.
- Hand off to agents. Once a lead responds, a person takes over the conversation.
This kind of agent also covers the less risky, high-value work: instantly acknowledging a new inquiry by email, updating the CRM, and reminding agents who's waiting on a callback. For the rest of the back office, like contract deadlines and document chasing, see what an AI agent can do for a real estate brokerage.
Where should a brokerage start?
Start with inbound leads, the people who already contacted you, and make sure every lead form captures clear consent. Then automate the first response and the CRM updates. That's usually where brokerages lose the most time and the most deals. See how a Custom Automated AI Agent works, read what an AI agent is, or take the 2-minute readiness quiz. When you're ready, book a 15-minute call.
Frequently asked questions
Is it legal to use an AI voice to call leads?
Yes, with the right prior consent. The FCC treats AI-generated voices as artificial voices under the TCPA, so calls using them need the called party's prior express consent, and written consent for marketing calls to cell phones.
Do I need consent to text a lead who filled out my website form?
For automated marketing texts, you need prior express written consent. A clear consent statement and checkbox on your form, with a record of when it was submitted, is the common approach.
Can AI call people on the Do Not Call Registry?
Not for telephone solicitations, unless an exception applies, such as the person's signed written permission to contact them.
What hours can I send automated follow-up?
Federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the recipient's local time. Some states are stricter.
Does the TCPA apply to emails?
No, the TCPA covers calls and texts. Commercial email has its own federal rules under the CAN-SPAM Act, which requires a clear way to opt out and honoring opt-out requests within 10 business days.