The Do-Not-Call Registry

By
Real Estate Agent with Samsel & Associates 0790808

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) because consumers were concerned about the number of unsoliticed telephone marketing calls they were receiving. Because of this law, the Federal Trade Commission established the Do-Not-Call Registery which is nationwide in scope and applies to all telemarketers. Telemarketers are not allowed to call a phone number if it is listed in the registry. Real estate "cold calls" are considered telemarketing and therefore cold calls are not permitted to registered phone numbers.

According to the law, telemarketers are required to transmit caller ID and may not block their information. Additionally, telemarketers must provide his or her name, the name of the company for which they are calling, and a telephone number at which the company can be contacted. Telemarketers are required to search the registry every 31 days to be sure none of the numbers they are calling is on the Registry.

But, are warm calls permitted? In other words, if a homeowner has expressed interest in selling their home, i.e. an expired listing or a FSBO, are they still protected by this law? Calls are not prohibited if the telemarketer has an established business relationship with the homeowner - does a homeowner posting their phone number as a FSBO consitute a business relationship with real estate professionals? Does listing a home in the MLS constitute a business relationship?

I've heard mixed opinions on this matter and I'm curious about your take - is it unlawful for real estate professionals to call active FSBOs or expired listings if they are registered with the Do-Not-Call registry?

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~ Wayne & Jean 

Union County, NJ - a great place to live and work!

If you're looking to buy or sell a property in Union County, call us at 908-917-4189 or email TeamZuhl@gmail.com.

 

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Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
  1. Bob Crane 03/03/2013 10:36 AM
Topic:
Real Estate Sales and Marketing
Tags:
expired
donotcall
fsbo

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Rainer
375,121
Edward Gilmartin
CRE - Boston, MA

It is a gray area for sure. Is it ok to call a neighbor of a listing you just put on the market to inform them of this....

Feb 24, 2013 04:00 AM #1
Rainmaker
1,312,264
Wayne and Jean Marie Zuhl
Samsel & Associates - Clark, NJ
The Last Names You'll Ever Need in Real Estate

Hi Edward - thanks for stopping by. Since the fine is so hefty (up to $11k per incident) and since phone calling is so important to what we do, I'd love a legal opinion.

Feb 24, 2013 04:01 AM #2
Rainmaker
657,948
Pat & Wayne Harriman
Harriman Real Estate, LLC (203) 672-4499 - Wallingford, CT
Broker/Owners, Wallingford CT Real Estate

I was reading some posts in a real estate group on Facebook a while back that discussed the DNC list, and many people were saying that the DNC list is a joke and might as well not even exist! Some said they routinely ignore if a person is on the list because even if they are, they most likely will never file a complaint and if they do, the chances of that complaint being acted on are nil to none. A few said they have never heard of a complaint against a single person such as a realtor being acted on, only those against large companies like the telemsrketers. I would even say that they aren't being regulated either, since we get calls all the time from various marketers, and we've been on the DNC list for at least 10 years. As for us, we don't want to be the FCC's test case against realtors, so we do not cold call at all. Never have, never will. But our agenst do call expireds (but not FSBO's, those we send direct mail) as we are of the belief that they are not covered by the DNC list due to their previous business relationship with another realtor. FSBO's had no such relationship so we'd rather err on the side of caution and send letters to them instead of calling them.

Feb 24, 2013 04:49 AM #3
Rainmaker
1,312,264
Wayne and Jean Marie Zuhl
Samsel & Associates - Clark, NJ
The Last Names You'll Ever Need in Real Estate

We tend to agree, Pat and Wayne, with your distinction that expireds have a previous business relationship. But I'd hate to be the test case, as you said :)

Feb 24, 2013 04:55 AM #4
Rainmaker
2,385,965
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
800-309-3414 - Pensacola, Pace or Gulf Breeze, Fl.

It is too huge for the government to manage just like everything else they get themselves into, only only company has ever been fined and it was dropped in court. They make this list and then exempted charities, then politicians, then bill collectors and some others so who is left that you do not want a call from LOL

Feb 24, 2013 11:14 AM #5
Rainmaker
4,104,666
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I have to agree with Pat & Wayne, many solicitors pay no attention, and act surprised when you tell them you are on this list.    I have heard that warm calls are ok, since they have given us their name and contact info.

Feb 24, 2013 10:49 PM #6
Ambassador
4,264,789
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

I am very irritated by the whole concept of these no call lists, mainly because they are Anti Business, yet they allow unlimited political calls and they allow companies that raise money under the name of some non profit to call over and over to con people out of money so they can give 10% of it to the charity and pocket the rest of their ill gotten gains.

The only thing that is accomplished by these laws is the stifling of commerce.

Feb 27, 2013 11:30 AM #7
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Rainmaker
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Wayne and Jean Marie Zuhl

The Last Names You'll Ever Need in Real Estate
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