I've read several blog pots about avoiding prospecting by phone.  In more than one, the author indicated that they really didn't understand the Do Not Call list.  Rather than risk violating the DNC list, they send letters and postcards instead.

It's a good tactic -- agents do routinely violate the Do Not Call rules and regulations.  Having taken many courses in risk management, I thought I might clarify some of the Do Not Call rules by providing a few examples.Old Phone - Do Not Call

All real estate agents MUST follow the federal laws regarding the Do Not Call list!  Otherwise, you and your company could be hit with large fines.

You decide to farm expired listings.  You arrive at your office at 8 am, and pull the expired list for the last 24 hours.  You spend the next little while searching for the sellers' phone numbers, using whatever resources are available to you at the time.  At 9 am, you begin making phone calls.  Oops!  You just violated federal law!

Even if you do not call anyone whose number is on the list, you violated federal law. How?  Because you forgot to check the list!  Before making phone calls to prospective clients that did not initiate the contact, you must check the list!Old Phone - Do Not Call

You've spent a few weeks calling expired listings. Now you have some spare time in your schedule, so you decide to go back through the older expired listings that have not yet relisted.  It is time to call them again.  Your expired listings are three weeks old.  You checked the Do Not Call list before you called three weeks ago, and you only kept the expired listings that were not on the Do Not Call list.  So, there's no need to check the list again, right?

Correct!  Law says that you must check the Do Not Call list every 31 days.  Since you checked it three weeks ago, by federal law, you are not required to check it again.

Let's say you decide to call on For Sale By Owner properties.  You drive by a home with a handmade "For Sale" sign on the front lawn.  You pick up your cell phone and place the call.  You just violated federal law, again!Old Photo - Do Not Call

That's right, even if the home is for sale, if the seller didn't initiate contact with you, You must check the list first!

Same scenario, but this time you pick up a newspaper and see a For Sale By Owner advertisement.  Since they are advertising, it must be ok for you to call, even if they are on the Do Not Call list, right?

Wrong!  Even if the seller is advertising on a billboard right across from your office, he still did not initiate contact with you specifically.  Therefore, you must still follow the Do Not Call list rules.

For more information on the Do Not Call list rules, click here.

Remember, fines for violating Do Not Call list rules can be up to $10,000.  Don't let this happen to you!  You deserve to keep every penny that you have worked so hard to earn.

 
Post is included in group: Real Estate Rookie
Post is included in group: Almost Anything Goes

9 Comments on Following the Do Not Call List Rules - Some Examples

Marlene, right on!!! I do not call uninvited. One note? I LOVE your old phones! Very kewl! ;-)

Pepper

 

04/05/2008 06:44 PM by Mesa, Arizona Real Estate *** Teri Ellis, Broker, ABR,CRS,GRI,ePRO,MRE (Homes Arizona Real Estate LLC)


Marlene, I just sort of stumbled across this post, and I'm really glad I did.  I'm pretty careful about the do not call stuff, but you can never have too many reminders!

04/21/2008 08:00 AM by Patricia Kennedy (Evers & Company)


Tammy, I agree that something should be posted!

Thesa, unfortunately, not enough agents understand the ramifications of violating this law....  Thanks for the feedback!

Teri, I'm with you, I don;t call uninvited.  And it took me about an hour to find all those phones! :)

Pat,  I think that not enough brokers and managers take the issue seriously enough to beat into their agents heads, and if we aren't careful the govvies will take this even further!

04/22/2008 01:19 AM by Marlene Scheffer, Realtor to Kitsap County, WA (Realty Station)


Marlene,

Thanks for the info... yours is the first post i am reading regarding this matter. I'm one of those realtors who does not yet know the nitty gritty about this and has been hesitating to get calling because i don;t want to violate the rules. Thanks for putting me on the right track.

05/16/2008 06:10 PM by Alex Mordas - Tallahassee EcoBroker® (Keller Williams)


A few years ago I struggled with the No Call list and made certain that I checked our state list before calling anyone.

I think it was last year when the state handed it off to the Feds and I haven't even checked into what is involved with that.  I just don't make cold calls anymore.

There are other means and I (like most) never enjoyed making them anyway.

05/16/2008 10:10 PM by Frank Sauer (CENTURY 21 Garner Properties)


Marlene,

This is great info... It makes you stop and think before you make a call.

 

Chad

07/17/2008 07:54 AM by


Marlene, great advice. I've taught the Telemarketing Sales Rule in my past CE classes and you're right on target.Real estate agents should become familiar with the Rule before calling anyone. The fine has gone up to $11,000.00, a costly mistake for not complying with the law.

Good Post!

07/17/2008 08:32 AM by Michael Setunsky (Michael's Commercial LLC)


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Real Estate Agent: Marlene Scheffer, Realtor to Kitsap County, WA (Realty Station)
Marlene Scheffer, Realtor to Kitsap County, WA
Bremerton, WA
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Here you will find my thoughts and insights into the real estate market in general, as well as tips for Sellers, Buyers, current Homeowners and other real estate agents. Many of the market updates will apply specifically to Kitsap County, in other words, Silverdale, Bremerton, Poulsbo, Port Orchard, Kingston, and all areas in between. Many of the trends seen in Kitsap will overflow to surrounding cities, such as Gig Harbor, Belfair, Allyn, and even Bainbridge Island. I hope you will find this blog helpful and useful.

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