Federal Do Not Call FAQ

Common Real Estate Do Not Call Questions

1. Can I still call FSBO’s?
2. YES and NO. If a FSBO’s number is on the national list, you may call only if you are representing a buyer for their home. You may not ask for a commission nor solicit a listing during the call.
3. Can I still call expireds?
4. YES and NO. If the seller’s number is on the national list, you may call only if the expired listing was with your firm, and only within 18 months of the listing expiration. You may not call sellers whose expired listing was with another firm.
5. If a FSBO asks one of my agents to stop calling, does that apply to everyone in my company?
6. YES. A request to be placed on your company’s do not call list is binding on all of your agents, in all of your offices, and it overrides any of the permitted exemptions.

What are the exemptions? Even if a number is on the National Do Not Call Registry, you may call if any of the following apply:

• you have a “personal relationship” with the consumer being called
• you are responding within 90 days of a direct inquiry from the consumer
• you have a prior transaction with that consumer within the past 18 months
• you have on file written permission from the consumer to call their number

Note, however, that a consumer request to be placed on your company’s do-not-call list overrides any of the exemptions.

Given the soaring popularity of the do-not-call rules and the harsh penalty for even one violation, it is important that brokers take advantage of the “safe harbor” provisions of the law. The safe harbor rules allow companies to potentially escape penalty for an occasional slip-up if they can demonstrate that systems, procedures, and training are in place to comply with the law. Taking advantage of the safe harbor requires:

• Written procedures outlining your company’s do-not-call policy and compliance measures
• Training of personnel in the procedures and use of the tools you have provided
• Maintenance of a company-specific do-no-call list and methods for adding to and checking that list
• Provide a method to check numbers against a version of the National Registry which has been downloaded within the past 31 days; and establish safeguards against improper use of the list
• Monitor and enforce your personnel’s compliance with the company’s procedures