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A federal judge has held that texts from a real estate marketing company offering to buy a homeowner’s property can plausibly qualify as “telephone solicitations” under the TCPA, allowing the plaintiff’s claim to proceed.
What the judge said
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The case involves a Georgia woman who received unsolicited text messages from a real estate marketing company offering to buy her home.
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The judge concluded that these texts could fit the TCPA’s definition of a solicitation because they were part of a commercial effort to acquire property for profit, not a purely informational contact.
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On that basis, the court refused to dismiss the suit at the pleadings stage, finding the plaintiff had plausibly alleged violations of the TCPA’s do‑not‑call and solicitation provisions.
Why this matters for TCPA doctrine
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Several recent federal decisions had treated pure “we want to buy your house” texts as outside the TCPA’s “telephone solicitation” definition, on the theory that the sender is buying rather than selling goods or services.
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Other courts, however, have found TCPA coverage where purchase-offer texts were bundled with offers to provide transaction services (title, escrow, assignment, etc.), treating them as lead‑gen or service solicitations.
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This new ruling adds to the emerging split by recognizing that home‑buying texts from real estate marketers can themselves be treated as solicitations, increasing risk for real estate investors and lead‑gen shops that mass‑text homeowners.
Compliance implications for real estate texting
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