The Do Not Call Rules Every Realtor Should Know

Reaching potential clients to grow your business is crucial. However, regulations regarding cold calling must be followed to ensure compliance and avoid fines. In this blog post, we`ll explore the do not call rules for realtors and provide valuable insights to help you navigate this aspect of your profession.

National Do Not Call Registry

The National Do Not Call Registry is a list of phone numbers from consumers who have opted out of receiving telemarketing calls. It is managed by the Federal Trade Commission (FTC) and enforced by the Federal Communications Commission (FCC). Real estate professionals are required to abide by the regulations set forth in the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR).

Key Do Not Call Rules Realtors

Here are some essential rules and guidelines to keep in mind when making calls as a realtor:

Rule	Description
Do Not Call Registry	Check the National Do Not Call Registry at donotcall.gov to ensure that the phone numbers you intend to call are not listed.
Established Business Relationship	If you have an established business relationship with a client, you may call them even if their number is on the Do Not Call Registry. However, if they request to be placed on your internal do not call list, you must honor that request.
Time Restrictions	Refrain from making telemarketing calls before 8:00 am or after 9:00 pm in the recipient`s local time.

Consequences of Non-Compliance

Failure to comply with do not call rules can result in significant penalties for real estate professionals. The FCC can impose fines of up to $42,530 per violation, and consumers can also file lawsuits for damages.

Case Study: Realtor Fined Do Not Call Violations

In 2019, a realtor in California was fined $81,200 for making unsolicited calls to numbers listed on the National Do Not Call Registry. This case serves as a stark reminder of the consequences of disregarding do not call rules.

Best Practices for Realtors

To ensure compliance with do not call regulations, consider implementing the following best practices:

Regularly scrub your contact list against the National Do Not Call Registry.
Maintain an internal do not call list individuals who have requested not be contacted.
Provide training your team members educate them do not call rules best practices.
Documented consent is key. Make sure obtain explicit consent individuals before calling them.

As a realtor, understanding and adhering to do not call rules is essential to protect your business and maintain a positive reputation with clients and prospects. By staying informed and implementing best practices, you can navigate the regulations with confidence and avoid potential pitfalls.

Legal Contract for Realtors: Do Not Call Rules

This contract (“Contract”) is entered into on this __ day of __, 20__, by and between ________________ (“Realtor”) and ________________ (“Client”).

1. Do Not Call Rules
1.1 Realtor agrees to comply with all federal, state, and local laws and regulations pertaining to “Do Not Call” rules. This includes, but is not limited to, the Telephone Consumer Protection Act (TCPA) and the National Do Not Call Registry.
1.2 Client acknowledges that Realtor will not make unsolicited telemarketing calls to any individual or entity that has registered their telephone number on the National Do Not Call Registry, unless an exemption applies under the TCPA or other applicable law.
1.3 Realtor shall maintain and regularly update an internal “Do Not Call” list to ensure compliance with all applicable laws and regulations.

2. Damages Indemnification
2.1 In the event that Realtor violates any “Do Not Call” rules or regulations, Client shall be entitled to seek damages and injunctive relief as provided by law.
2.2 Realtor agrees to indemnify and hold harmless Client from any and all claims, losses, damages, or liabilities arising out of Realtor`s failure to comply with “Do Not Call” rules.

This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral. This Contract may not be modified or amended except in writing signed by both parties.

Top 10 Legal Questions About “Do Not Call” Rules for Realtors

Question	Answer
1. What are the “Do Not Call” rules for realtors?	The “Do Not Call” rules for realtors, enforced by the Federal Trade Commission (FTC), prohibit real estate agents from making unsolicited calls to individuals who have registered their phone numbers on the National Do Not Call Registry. These rules aim to protect consumers from unwanted telemarketing calls.
2. Can realtors call individuals who are on the National Do Not Call Registry?	No, realtors are prohibited from calling individuals who are on the National Do Not Call Registry, unless they have obtained express consent from the individual to make such calls.
3. What are the consequences of violating “Do Not Call” rules as a realtor?	Realtors who violate “Do Not Call” rules may face substantial fines and penalties imposed by the FTC. These penalties can amount to thousands of dollars per violation, making compliance with the rules essential for real estate agents.
4. Are there any exemptions to the “Do Not Call” rules for realtors?	Yes, there are exemptions that allow realtors to call individuals on the National Do Not Call Registry under certain circumstances, such as when they have an established business relationship with the individual or when the call is made for a non-telemarketing purpose, such as an informational or customer service call.
5. How can realtors ensure compliance with “Do Not Call” rules?	Realtors can ensure compliance with “Do Not Call” rules by regularly checking the National Do Not Call Registry, maintaining an internal “Do Not Call” list of individuals who have requested not to be called, and providing training to their staff on the rules and requirements.
6. Can realtors send text messages or faxes to individuals on the National Do Not Call Registry?	No, realtors are also prohibited from sending unsolicited text messages or faxes to individuals on the National Do Not Call Registry, unless they have obtained express consent from the individual to receive such communications.
7. What about calling individuals with whom the realtor has a pre-existing business relationship?	Realtors may call individuals with whom they have a pre-existing business relationship, even if the individual is on the National Do Not Call Registry. However, the call must still comply with other telemarketing rules, such as providing an opt-out mechanism for the recipient.
8. Can realtors use robocalls to contact potential clients?	Robocalls are generally prohibited for telemarketing purposes, including by realtors. However, there are limited exceptions for informational calls, political calls, and certain other non-telemarketing calls, subject to specific requirements and restrictions.
9. Are there any state-specific “Do Not Call” rules that realtors need to be aware of?	Yes, some states have their own “Do Not Call” rules and requirements that realtors must comply with in addition to the federal rules. It is important for real estate agents to be aware of and adhere to both federal and state regulations.
10. What should realtors do if they receive a complaint about a “Do Not Call” violation?	If a realtor receives a complaint about a “Do Not Call” violation, they should take the complaint seriously and promptly investigate the matter. It is important to address any potential violations and take corrective action to prevent future occurrences, as well as to maintain documentation of compliance efforts.