REALTORS® Must Follow Do Not Call Rules

REALTORS® are now subject to the Telemarketing Sales Rules (TSR) and thus may not randomly call expired listings, referrals or FSBOs. If a telephone number is on the.  Do Not Call (DNC) list, you may not make an unsolicited call to that number.  Fines for violations range from $500 up to $11,000. Federal Do Not Call registry It is recommended that brokers establish a profile with the registry. The easiest way to accomplish this is to download the file and make available to agents.

Step by step Instructions on how to access the Do Not Call List There are two web sites for the Do Not Call List: Telemarkers - To register/access the registry www.telemarketing.donotcall.gov Public - To register your own home phone number on the Do Not Call Registry www.donotcall.gov.  Sample Office Do Not Call Policy

However, online searches can be done if the broker provides their organization ID and password to agents for their personal use.  The online searches are limited as they will only allow you to check 10 numbers at a time. 

The first five area codes are free.  After the first five area codes, the fee is $25 per area code.  Data for up to five area codes will be available for free. Beyond that, there is an annual fee of $25 per area code of data, with a maximum annual fee of $7,375 for the entire U.S. database.

The fee must be paid annually. Payment of the fee provides access to the data for an annual period, which is defined as the twelve months following the first day of the month in which the seller paid the fee.

You will be able to access data as often as you like during the course of your annual period for those area codes for which you have registered and/or paid. However, to protect system integrity, you may download data files from the national registry only once in any 24-hour period.

The only consumer information available from the registry is telephone numbers.  No personal or address information is included.

FYI - As of October 24, 53.7 million consumers have registered their phone numbers.  Of those, over 37,000 complaints have been filed against telemarkers. The media has ensured that consumers are well aware of their rights.  Don't take the risk of making that call without checking the list.

Company Do Not Call list required

In addition to accessing the federal Do Not Call Registry, companies must also maintain an internal Do Not Call list.  This list must be updated every 30 days and made available to agents.  As an agent, if you make a call to a consumer - even if their number is not on the DNC list or they fall into any of the exceptions (below) - and they say, in any manner, "Do not call me", you MUST put that number on your company's internal DNC list.  Click here for a sample of an Office Do Not Call policy.

When is it ok to call?

• Calling a former client with whom you've had an established business relationship is OK for up to 18 months after the close of the transaction. After that, you have to check the list.
• Calling a potential client who called you first is OK for up to three months after the consumer-initiated call occurred. Ditto on checking the list after that.
• Calling anyone who has granted you written permission to call is OK.
• Visiting a home to cold-call in person is still OK, including FSBO's or expired-listing sellers.
• Calling a business is OK as the Do Not Call registry only applies to residential phone numbers.
• You may call someone without checking the Do Not Call registry if you are taking a survey.  But if you mention your services or attempt in any way to solicit a listing or sell your services, you are in violation of the rules.

If consumer says, "Don't call me", this request overrides ALL exceptions.

Can I call a FSBO?

Yes IF, you are calling only to inquire about the property for either a buyer or knowledge about the property.

NO to solicit the seller for a Listing.- Remember, the FSBO may file a complaint against you if they think you are attempting to sell them your services.

Can I call an Expired?  Only if:

• the brokerage maintains the DNC list,
• the listing was with your brokerage,
• you are calling within 18 months since the expired date.

May I make recruiting calls to agents?

Yes, it is NAR's understanding that these are "business to business" calls. However, the FCC/FTC hasn't specifically addressed this yet. If you are calling the agent at home, check the phone number against the federal list. 

What should REALTORS® do?  Get written permission at every opportunity

• Open House Sign-In Sheets
• When you present Agency Disclosure
• Listing Agreements
• At closing

For complete information on the telemarketing sales rules and process, visit www.telemarketing.donotcall.gov.