While calling distressed homeowners on the Do Not Call List is a slippery slope that has the potential hefty fines, a lot of agents feel that they are exempt from the do not call regulations. The sentiment is they are not really "selling anything", but rather, providing advice on the borrower's alternatives to foreclosure. In fact, one short sale agent memorably likened her work in advising distressed homeowners to "social work". A mortgage broker told me, "I don't care about the do not call list because if it wasn't for me, they would have their belongings hauled out to the curb". A little insensative perhaps, but it begs the question whether it's ok - or not ok - for real estate professionals to be impervious to the do not call list.
Obviously, land lines are becoming obsolete as more people - particularily younger people - use cell phones, and so the availability of phone numbers have dwindled. Enter the Do Not Call Registry and the already low numbers of phone numbers plummet dramatically with any marketing list.
This has forced agents that like calling distressed homeowners to find other vehicles to deliver their message of hope and solutions, or in many cases that I've seen, plainly ignore the do not call list and look up the homeowner up. Certainly, no responsible data provider would advocate doing that but it seems to be the overwelming law of the land.