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NAR Do-Not-Call/Fax Toolkit
Item #186-100


Effective October 1, 2003, real estate professionals who conduct cold calling, must comply with the new federal Do-Not-Call Registry. The NAR Do-Not-Call/Do-Not-Fax Toolkit is intended to provide REALTORS® with information they need to understand the requirements under the new law. It also includes information about future changes to the fax rules. Included in this toolkit are assorted briefing materials from the FTC, FCC, NAR's Legal Affairs, NAR's Regulatory and Industry Relations Department and outside counsel.

 

 

Do Not Call Registry

More Links of Interest,
For the Do-Not-call Registry!

A company can call a residential number listed in the registry in 3 instances:

  1. if there is a personal relationship with the consumer ("personal relationship" is defined as "family member, friend, or acquaintance of the telemarketer making the call");
  2. if the consumer's express written invitation or permission to call, or
  3. the company has an "established business relationship" (defined above).
Do-Not-Call Good Practices

- Office principals / brokers should review this material, and create an office policy for compliance with the Do not Call Registry even if the office doesn't normally practice cold calling. This regulation must be reviewed by every broker and every agent in order to make sure you fully understand the federal limits to your business calls.

-  Offices will not qualify for the safe harbor provisions if you have not followed through on the office policies and agent training, and could result in a $11,000 (per incident) fine. Helpful products.

- Agents should learn the provisions of the Do-Not-Call Registry and obtain direction from their Broker on how to access the telephone information. Agents should ask to see the office policy for compliance with the Rules and find out who is in charge of the registry for their office.

- Office's should consider adding a check box to their open house sign-up sheet that allows for follow-up phone calls or alerts the visitors that they are consenting to receive follow up phone calls.

Who can I call and how?

- Agents may contact consumers with whom you have had an existing business relationship for up to 18 months after the end of a transaction, even if they are on the registry. If a consumer makes an inquiry with your firm, you can call the person for up to three months after the inquiry. There is no limit on what you can discuss with the consumer during those three months. Thus, other listings could be discussed with the consumer over the next three months.

- FSBO's can only be contacted, if registered with the Do-Not-Call registry, if the Realtor has a customer interested in the property. (FSBO's listed on the registry can not be contacted in an attempt to solicit a listing)

-  If you are obtaining a list instead of searching as needed, your list will need to be updated every three months.

- Calls can be made only from 8am-9pm (local time where call is going to be received) Monday-Saturday.

- Agents need to identify their name, the company name, and have contact information available

Do-Not-Call Bad Practices

- Agents may not cold-call an FSBO property owner, who has signed up for the registry, just to get the listing.

- Agents may not cold-call a friend of a client, even at the urging of their client, if they are listed on the Do-Not-Call registry. When you client tells you, "My neighbor Bob down the street told me that he is going to sell his house and you should really give him a call..." Sorry - not if Bob is on the registry.

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More Information Available
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Sandra J. Carroll, Chief Executive Officer - Sue O'Brien, Member Services Admin - Kim Gritman, Office Clerk


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