Talk First, Text Second
The sequence starts with a hard line: a text follows a conversation, never a dial. A call that rang out or hit voicemail earns no follow-up text. A live conversation in which the seller agreed to hear from you by text does. The ordering matters because a text is its own marketing message with its own consent footprint, and neither the call nor the text is a workaround for the other.
Ask plainly, near the end of the call: “Would it be okay if I text you the details so you have them in writing? You can reply STOP anytime.” Log the seller’s exact words, the time, the number, the caller, and the recording reference in dedicated CRM fields rather than a free-text note. A “maybe” is not a yes, and a “just call me” is a no. A recorded yes is the starting point; ask counsel whether your states and platform also want the consent captured in writing, through an e-signed form or a web opt-in the seller completes.
What the September 2026 Order Changes for the Text
Per Crowell & Moring’s summary, the FCC adopted the order 3-0 on September 30, 2026 in CG Docket No. 02-278, amending four provisions of 47 CFR 64.1200. Callers may now designate one exclusive way to revoke consent from three approved options: a voice or key-press mechanism on calls, a standardized text keyword, or a designated website or phone number, with the method disclosed in each message. Category-specific revocation is limited to informational messages. For marketing, nothing softens. One opt-out ends consent to every marketing call and text from that caller, affiliates included.
Troutman Pepper Locke notes the order takes effect 30 days after Federal Register publication and supersedes the January 31, 2027 date set for the 2024 framework, under which a revocation by any reasonable means counted. Day Pitney adds that the same docket carries proposals to cut the honoring window from ten business days to seven and to require two-way texting. Proposals are not rules, so plan for them without depending on them.
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Book a Real Estate Fit CallWriting the First Follow-Up Text
A compliant first text is short and specific: who you are, the call it follows, the one thing you promised, one easy question, and your opt-out line worded the same way every time. For example: “Hi [Name], it’s [Caller] with [Company], following up on our call about the house on [Street]. As promised, our acquisitions manager can look at it Thursday or Friday. Which works better? Reply STOP to opt out.” Leave out prices, pressure, and shortened links that spam filters distrust. The A2P 10DLC guide covers the carrier registration that sits underneath all of this.
Send it the same day, inside the legal calling window for the seller’s time zone. Then keep the sequence short: the recap, one reminder at the time you agreed, and silence unless they reply. Every extra unanswered text raises the odds of a stop and a complaint. Staff the inbox with a human, because a seller who texts back “who is this?” or “wrong number” needs a prompt, accurate answer, and the FCC’s proposal on two-way texting points the same direction.
One Suppression List for Every Channel and Entity
Treat a spoken “don’t text me,” a STOP reply, an emailed “remove me,” and a complaint to a sister brand as the same event, and land all of them on one list the same day. Because a marketing opt-out reaches the caller’s affiliates too, that list has to span your LLCs, your numbers, your tools, and any vendor texting under your name. The honoring window, ten business days today, is a ceiling and not a target. Suppress the day you hear it.
Designating an exclusive opt-out method can settle ambiguity inside a long text thread, but it only works if you disclose the method in every message and your system actually recognizes it. Even then, brushing off a seller’s clear request to your own caller is a poor bet, because it invites the complaint and the demand letter the designation was meant to head off. When in doubt, honor the request and log how it arrived.
What to Decide This Month
Settle six things before the effective date: whether to designate an exclusive method, the exact opt-out wording for every template and script, the CRM fields that hold consent evidence, whether any partner or vendor texts under your brand, who owns the suppression list, and when counsel reviews the whole sequence. Calendar the effective date as soon as the Federal Register publication date is known, since the 30 days run from publication.
Inside VA Horizon’s managed cold-calling service, suppression lists, calling hours, and opt-out handling are maintained as part of the work instead of left on your desk. You pay per qualified lead.
Sources
The external data in this article draws on the sources below. Figures described in the text as estimates or industry triangulations are directional and are not attributed to a single dataset.
- Crowell & Moring, "FCC Adopts TCPA Rule Amendments October 2026"
- Day Pitney, "The FCC Changes Certain Consent Revocation Rules"
- Troutman Pepper Locke, "FCC Revises TCPA Revocation of Consent Rules That Were Set to Go Into Effect in January"