Yes, your title company can text agents and clients — but text messaging follows a stricter rulebook than email. Where email marketing is opt-out under CAN-SPAM, SMS marketing is governed by the TCPA, which is opt-in: you generally need a recipient's prior express written consent before sending a marketing text. Get that consent, make opting out easy, mind quiet hours, and SMS becomes one of the most powerful tools you have. Get it wrong, and each text can cost $500 to $1,500 — in lawsuits brought by recipients themselves.
Text messages get opened — fast. For the time-sensitive coordination at the heart of a closing, that's enormously valuable. But SMS is also one of the most heavily litigated corners of marketing law, and the rules are different enough from email that good email habits won't keep you compliant. Here's what a title company needs to know before sending a single text.
Can title companies legally text agents and clients?
Yes — with consent. The Telephone Consumer Protection Act (TCPA) doesn't ban business texting; it conditions it. As long as you have the right permission, send during allowed hours, and honor opt-outs, texting agents, lenders, and clients is completely legal and increasingly expected. The compliance work is front-loaded: get the consent and the setup right, and the day-to-day sending is straightforward.
How is SMS different from email marketing?
This is the distinction that trips up most businesses. Email and text are governed by two different laws with two different default rules:
- Email (CAN-SPAM) is opt-out. You may email a prospect without prior consent, as long as you offer a way to unsubscribe. (See our guide to email marketing compliance and CAN-SPAM.)
- Text (TCPA) is opt-in. You generally need prior express written consent before the first marketing text goes out.
There's a second, sharper difference: who can sue you. CAN-SPAM is enforced by the FTC. The TCPA gives individual consumers a private right of action — they can sue you directly, and these cases frequently become class actions. That's why TCPA litigation is a small industry of its own, and why a sloppy texting program is riskier than a sloppy email one.
What consent do you need to send marketing texts?
For marketing or promotional texts, the standard is prior express written consent. In practice that means:
- The person affirmatively agrees in writing (a digital checkbox or signed form counts) to receive texts from your company.
- The request includes a clear, conspicuous disclosure of what they're signing up for.
- You state that consent is not a condition of any purchase or service.
- You explain how to opt out, and ideally the message frequency.
- You keep the record — auditable proof of who consented, when, and to what. In a TCPA dispute, the burden is on you to show consent.
A note on the shifting landscape: the FCC's much-discussed "one-to-one consent" rule was struck down in 2025, so you don't currently need separately itemized consent per seller. But the core written-consent requirement for marketing texts remains the safe, nationally defensible standard — build to it.
Marketing vs. transactional texts: why the line matters
Not every text is a marketing text, and the bar is different for each:
- Transactional / informational texts — a closing-time reminder, an appointment confirmation, "your documents are ready" — relate to a transaction the person is already part of. These require consent, but the bar is lower; when a client gives you their mobile number for a specific transaction, that generally covers related informational texts about it.
- Marketing texts — promotions, newsletters, "refer us" campaigns — require the full prior express written consent above.
Be careful with the gray area. Regulators read "marketing" broadly: even a request for a Google review can be treated as marketing, because its purpose is to promote your business. When a message isn't clearly transactional, treat it as marketing and get the stronger consent.
The opt-out and timing rules you can't skip
Three rules cause most of the trouble:
- Honor opt-outs through any reasonable method. As of 2025, you can't insist that recipients reply with an exact keyword. "STOP" must work, but so must a plainly worded request like "please stop texting me." Process every revocation within 10 business days. You're allowed one confirmation text — with no promotional content — to confirm the opt-out.
- Respect quiet hours. Send only between 8 a.m. and 9 p.m. in the recipient's local time zone.
- Don't text purchased lists or unverified numbers. Consent belongs to a person, not a phone number, and numbers get reassigned constantly. Texting a bought list of agents — or a number that's changed hands — is exactly the conduct that drives TCPA lawsuits.
What should a title company actually use SMS for?
SMS shines for time-sensitive, high-value coordination — the moments where an email might sit unread:
- Closing-day logistics — appointment reminders, "running 15 minutes behind," location confirmations.
- Status updates to agents and clients as a file moves toward closing.
- "Your documents are ready" notifications (with a secure link — never put sensitive details like wire instructions in a text).
- Post-closing review requests — handled as marketing, with proper consent.
The same near-instant open rate that makes text powerful also makes restraint a feature: use it for what's genuinely useful and time-sensitive, and your agents will welcome it rather than tune it out.
What's at stake if you get it wrong?
TCPA penalties run $500 per text for a basic violation and up to $1,500 per text for willful or knowing violations — and because consumers can sue directly, those numbers multiply fast in class actions. Recent enforcement makes the point: in 2025, a national retailer paid $4.42 million for continuing to text consumers after they had opted out. The most expensive cases almost always come down to two failures — texting without consent, or texting after someone said stop. Both are entirely preventable with the right setup.
How Ralston & Anthony builds a compliant SMS program
Because the TCPA puts the burden of proof on you, the infrastructure matters as much as the message. We build email and SMS programs for title companies with compliant opt-in capture, documented consent records, automatic opt-out handling, and quiet-hour controls baked in — so you get the speed and open rates of text without inheriting the legal risk. Paired with your email program, it becomes one coordinated, compliant way to stay in front of the people who send you business.
This article is general information, not legal advice. TCPA rules are actively evolving, and requirements can vary by situation and jurisdiction. Consult a qualified attorney before launching an SMS program.
Frequently asked questions
Do I need written consent to text a client about their closing?
A purely transactional text about a closing the client is already part of — a reminder or status update — sits at a lower consent bar, generally covered when they give you their mobile number for that transaction. Promotional texts require full prior express written consent.
Is replying "STOP" the only valid way to opt out?
No. As of 2025, you must honor opt-out requests made by any reasonable method, not just the keyword "STOP." A clearly worded request to stop counts, and you must process it within 10 business days.
How quickly do I have to honor an opt-out?
Within 10 business days of the request. After that, no further marketing texts may go to that person.
What are the penalties for a TCPA texting violation?
$500 per text for a standard violation and up to $1,500 per text for willful or knowing violations. Because consumers can sue directly and bring class actions, total exposure can climb quickly.
Can I text a purchased list of real estate agents?
No. SMS marketing is opt-in, so each recipient must have given you consent. Texting a purchased or harvested list is the classic setup for a TCPA lawsuit. Build your list with permission instead.
What hours can I send marketing texts?
Between 8 a.m. and 9 p.m. in the recipient's local time zone.
Want to add text messaging without adding legal risk? We'll build a compliant, consent-based SMS program that reaches your agents and clients exactly when it matters. Reserve an appointment and let's map it out together.
