How Changes to the Do Not Call Law Will Affect Your Prospecting Calls and Texts

As of Oct. 18, 2026, Pennsylvania’s newly amended Telemarketer Registration Act (sometimes called the Do Not Call law) will impose a number of substantial changes that further limit phone and text-based marketing. Some of these changes catch Pennsylvania up with changes that have been made to the federal do-not-call regulations, but others go significantly further.  

So how does this law — and especially these new changes — affect your business? 

Yes, this law applies to real estate brokers and agents — and it has since 2002. 

Let’s look at the definitions: 

“Telemarketing” is defined as “a plan, program or campaign which is conducted to induce the purchase of consumer goods or services … by the use of one or more telephones and which involves more than one telephone solicitation.”  

“Consumer goods and services” includes “real or personal property or services used for personal, family or household purposes, including the rental of, or the investment in, property, goods or services.” This definition was broadened to specifically mention rental of, and investment in, property, so it’s even more inclusive of real estate practice now. 

Based on these definitions, no matter how you may think of your business, if you’re a real estate licensee marketing your listings or your real estate services via phone or text, you’re a “telemarketer” who is covered by this law. Or to look at that another way, there have been plenty of agents and brokers fined under both the state and federal rules, so it’s clear that the legislative intent is that real estate activities should be covered.  

Texts are covered now. 

The 2026 amendments change the definition of a “telephone solicitation” to include individual text messages the same as making individual phone calls. Basically, if the message is delivered over a phone, whether by voice or displayed on a screen, it’s covered. This mirrors changes made at the federal level a few years ago, so if you’ve updated your marketing strategy to be compliant with those rules, you’re on your way to state compliance.  

Robocalls, autodialers and drip text campaigns? Yup, all covered. 

If you, your team or your brokerage uses any kind of automated dialing platform, ringless voicemail service, or bulk-texting tool (and many do), you’ll probably need to change your approach. The new changes require “prior express written consent” before a robocall can go out, and that consent has to actually say something: it needs to identify the specific number, clearly state the person is agreeing to receive solicitation calls, confirm that consent isn’t a condition of doing business with you and be signed (in ink or electronically) by the consumer. A lead-capture form with a buried checkbox or a very generic open house sign-in sheet is probably not going to cut it anymore. 

Timing is of the essence. 

Under the new rules, you cannot call, text or leave a marketing voicemail on Sundays or legal holidays. Period. And on other days, you’re limited to a 9 a.m. to 7 p.m. window, measured by the consumer’s location. This is stricter than the federal rules, which allow calls earlier in the morning and later in the evening, and which don’t exclude Sundays. Practically speaking, this means you may have to change your habits — no more calls early in the day or during prime-time TV, and no text or phone marketing to fill time during a slow open house.  

Don’t forget the rest of the law! 

Most articles on this topic (including this one) are focused on the most recent changes, but remember that the 2026 amendments merely updated the longer law. Most of the restrictions that have been in place since 2002, and those that have been added in multiple amendments since then, are still in place and need to be followed.  

This is all really, REALLY complicated. Don’t try to figure it out on your own. 

One of the biggest complications is that the Federal Trade Commission regulations and Pennsylvania state law both apply, but they’re different. There are two do-not-call lists, in two different places, with different registration criteria. Telemarketers are supposed to access both of them multiple times per year, in different electronic formats, on different schedules, and then scrub marketing lists against those databases for every campaign. Time restrictions are different. The exceptions that would allow calls and texts to individuals on the lists are different. Oh, and both sets of rules require that if someone you are otherwise permitted to contact tells you to stop, you have to keep your own supplemental list and check that one before making calls. And both the federal and state rules seem to be updated every few years as technology advances. 

That’s a lot. 

If telemarketing is part of your business model, our best advice is to explore the many compliance products on the market that can do most of that work for you, then buy one you’re most comfortable with. Further, we suggest that brokers consult with brokerage counsel about ensuring that existing policies are updated (and enforced!) to reflect the changes in the law.  

Or to put that another way, the PAR Legal Hotline cannot review, authorize or approve the specifics of any broker or agent marketing plan or materials, so beyond pointing members to the laws and supporting materials, we can’t advise on setting up and maintaining a compliant telemarketing program. Given the complications, using a reputable third-party service is almost always going to be your best bet. Aside from not having to figure it all out on your own, using a reputable vendor and doing appropriate training on the product and your marketing policies can provide some additional protections if there is an accidental violation of the rules. It does not fully eliminate your liability, but it certainly helps.