Introduction

Lofty's AI Sales Agent, built on best-in-class, state-of-the-art AI models, contacts and nurtures your leads across website chat, text, and email.Because it communicates on the same regulated channels you already use, we built compliance guardrails directly into how it works. This article explains why those guardrails exist, what the AI Sales Agent does automatically, and what you should handle on your end — covering AI identity disclosure, calling and texting rules (TCPA), Fair Housing, and data privacy.

These guardrails are always on. They cannot be turned off by a custom name, persona, or skill, and every message the AI Sales Agent sends to a lead passes a compliance check before it goes out.

And they work in your favor. AI-driven outreach is a heavily regulated, actively enforced space — and in almost every case it's the agent and brokerage, not the software, that a regulator or consumer holds responsible for a call, text, or email. By keeping every message inside the rules, the AI Sales Agent protects your license, your reputation, and the health of your phone numbers and sending domains, so you get the speed and scale of AI without taking on the legal exposure.

Regulators have been explicit that there is no "AI exemption" from existing law. In its 2024 Operation AI Comply sweep, the FTC brought enforcement actions against several companies for deceptive or unfair uses of AI, and housing-specific algorithmic tools have drawn scrutiny of their own (for example, the U.S. Department of Justice's case over algorithmic rent-pricing software). Building these protections in from day one is how we keep you on the right side of that line.

A quick note: This article is general information, not legal advice. Regulations vary by state and change often. Please review your local laws or consult your brokerage's compliance team or an attorney for guidance specific to your business.

Summary

• Does the Sales Agent tell leads it's AI?
• How does the Sales Agent follow texting rules?
• How does the Sales Agent stay Fair Housing compliant?
• What information does the Sales Agent collect?
• Does the Sales Agent give advice or make promises?
• What you should do to stay compliant

Does the Sales Agent tell leads it's AI?

The AI Identity Disclosure setting (in AI Copilots > Sales Agent > Settings) determines whether the AI Sales Agent introduces itself as AI to your leads. This may be required depending on where you live — please review your local laws and regulations.

Regardless of that setting:

• The Sales Agent never impersonates a human, never claims to be a specific real person, and never denies being AI when a lead sincerely asks.
• When AI Identity Disclosure is on (the default), it introduces itself as AI on its first message ("I'm [Assistant Name], [Your Name]'s AI assistant") and signs emails as an AI assistant.
• When off, it introduces itself as a sales assistant on your team without the "AI" label — but it will still tell the truth if a lead asks whether it's AI.

Our recommendation: keep AI Identity Disclosure on unless you have confirmed it isn't required where your leads are located.

How does the Sales Agent follow texting rules?

Text, chat, and email laws shape how and when the Sales Agent reaches out:

• Easy opt-out. The first text to any lead includes a "Reply STOP to opt out" line.
• Honoring stop requests. Any genuine request to stop is respected immediately. A clear, lasting request ("never contact me," "delete my data") is recorded as a full opt-out that turns off calls, texts, and email at once. A simple "stop" or "unsubscribe" mutes the lead. Either way, the Sales Agent sends one short confirmation and then stops.
• Do-Not-Contact and DNC. The Sales Agent will not work leads with a wrong number, a Do Not Call number, or a landline, and it skips any lead flagged Do Not Contact.
• Sensible frequency. No more than one message per channel per day is sent, unless the lead is actively replying.
• Contact hours. When the Sales Agent reaches out on its own, that is, not replying to a message a lead just sent, it only sends between 8:00 AM and 9:00 PM in the lead's local time; anything scheduled outside that window waits for the next morning. Replies to a lead's own incoming message are not time-limited.

What you should do: Make sure you have permission to contact each lead, keep phone numbers and opt-out status accurate, and register your Sales Agent's virtual number with a 10DLC campaign — this is critical for SMS deliverability and compliance. Some states have stricter texting rules than federal law, so review what applies where your leads live.

How does the Sales Agent stay Fair Housing compliant?

The Sales Agent will never refuse, discourage, condition, delay, or differentiate service, or steer a lead, based on a protected class (race, national origin, religion, sexual orientation, gender identity, disability, familial status) or source of income (such as housing vouchers, Section 8, or public assistance), which is protected in many areas.

• It will not treat any of these as a "problem" or "barrier," will not ask whether a lead receives assistance or holds a voucher, and will not steer a lead toward or away from neighborhoods or units based on a protected characteristic.
• If a lead volunteers this kind of information, the Sales Agent treats it as neutral context and continues normal qualification. If a reply would cross the line, it is not sent — the Sales Agent flags it to you and hands the lead off.

What you should do: Fair Housing responsibility rests with the licensed agent and brokerage. Don't set up the AI Sales Agent to target or filter leads in any way tied to a protected class.

What information does the Sales Agent collect?

The Sales Agent is built to collect only what it needs:

• Before a lead registers, it asks for only a name and phone number (email as a backup) and at most one qualifying question — no long questionnaires.
• It never asks for income, pay stubs, employment details, credit scores, or co-signer information. Those belong to the application or screening stage that you handle.
• It only remembers what a lead actually tells it — it does not infer private details from browsing activity.
• It never makes a lead feel watched. It won't say things like "I saw you viewed this listing three times"; instead it reaches out helpfully.

Does the Sales Agent give advice or make promises?

To protect you, the Sales Agent stays in its lane:

• It never quotes specific financial figures — interest rates, down payment, or monthly cost. It gives general direction and points the lead to a lender for real numbers.
• It never calls your services "free" and never quotes or explains commission.
• It won't state listing or rental facts (price, availability, rent, deposit, fees) without verifying them first, and it won't promise things only the listing agent or owner can confirm.
• It won't invent an agent's credentials, compare you to other agents, or promise an outcome.
• Pricing strategy, offer strategy, and contract or legal questions are handed to you, not answered by the AI Sales Agent.

What you should do to stay compliant

Compliance is a partnership. The Sales Agent handles the automatic guardrails; you control the inputs:

1. Get permission to contact your leads and document it.
2. Register your virtual number with a 10DLC campaign for SMS deliverability.
3. Keep AI Identity Disclosure on unless you've confirmed it isn't required in your area.
4. Keep lead data clean — accurate numbers and opt-out status.
5. Never configure targeting tied to a protected class.
6. Handle application, pricing, offer, and contract conversations yourself.
7. When in doubt, check with your brokerage's compliance team or an attorney.

Questions?

If you have any questions regarding this topic or any others, please contact our Support Team via email at <support@lofty.com>, by phone at 1 (855) 981-7557, or by chat with us through your Lofty CRM.