The Do Not Call (DNC) List and the regulations surrounding it have significant implications for real estate professionals. As telemarketers, realtors must navigate the complex landscape of federal and state laws to ensure compliance and avoid hefty fines. This article aims to clarify whether realtors can call numbers on the Do Not Call List, laying out the key regulations, potential exemptions, and best practices for real estate agents.
The National Do Not Call Registry, managed by the Federal Trade Commission (FTC), allows consumers to opt out of receiving unsolicited telemarketing calls. Established in 2003, the registry was designed to protect consumers from unwanted marketing practices. Once a consumer’s phone number is registered, telemarketers—including real estate agents—are prohibited from calling that number unless they meet certain exemptions.
According to the FTC, telemarketers must comply with the following rules:
Real estate agents, often seen as independent contractors, must adhere to these regulations just like any other telemarketer. The misconception that individual realtors are exempt from these rules can lead to costly legal consequences.
While the DNC List imposes strict regulations, there are several notable exemptions that realtors should be aware of:
If a realtor has an established business relationship with a consumer, they may call that individual even if their number is on the DNC List. An established relationship is generally defined as having conducted business with the consumer within the last 18 months or having received consent from the consumer to make such calls.
Realtors may also call numbers on the DNC List if they have prior express written consent from the consumer. This means that the consumer must have explicitly agreed to receive calls from the realtor, providing a solid legal foundation for the communication.
Calls made to businesses (non-residential numbers) are generally exempt from DNC regulations. Real estate agents can contact business owners regarding commercial properties without worrying about DNC compliance.
In addition to federal regulations, realtors must comply with state-specific telemarketing laws, which can often be more stringent than federal rules. For instance, some states have their own DNC lists, and they may impose additional requirements such as registration fees or specific consent protocols.
Realtors operating in Pennsylvania, for example, must adhere to stricter regulations regarding telemarketing calls, which necessitates thorough research into both federal and state laws to ensure full compliance.
There is a prevalent belief that realtors can freely contact leads derived from expired listings, referrals, or former clients without repercussions. However, this assumption can lead to violations of both the Do Not Call regulations and the Telephone Consumer Protection Act (TCPA).
Many realtors operate under the belief that calling expired listings or FSBO properties is permissible, even if those numbers are on the DNC List. The reality is that while some experts argue that these scenarios may fall under certain exemptions, it is critical for agents to exercise caution and ensure that they are not infringing on the rights of consumers who have opted out of telemarketing calls.
To navigate the complexities of DNC regulations, realtors should adopt the following best practices:
Ultimately, compliance with the DNC regulations not only protects consumers but also safeguards realtors from potential legal issues and fines. By prioritizing ethical practices and respecting consumer preferences, real estate professionals can build trust and foster positive relationships with their clients.
tags: #Realtor