Section 5 Unit 3 Lesson 7

National Do Not Call Registry Guidelines

Real estate professionals can call consumers with whom they have established business relationships for up to 18 months after the clients' last purchase, delivery, or payment, even if the client is registered with the DNC list.

Violations of the Clayton Act may result in court awards of as much as ______ times the amount of damages actually suffered.

three

Per federal regulations, it's illegal for a telephone solicitor to call phone numbers registered on the National Do Not Call Registry. However,....

the law specifically permits a business to call consumers with whom the business has an established business relationship, even if the consumer is on the registry. The FTC enforces these rules aggressively; a case against mortgage investors in 2013 resulted in civil penalties of $7.5 million.

Penalties for non-compliance may include fines of more than $_________ for each separate email. The exact maximum penalty changes annually, and the Federal Trade Commission (FTC) is responsible for enforcing.

40,000

National Do Not Call Registry Guidelines

Any time a consumer asks to be removed from the call list, the company must comply immediately.

National Do Not Call Registry Guidelines

Businesses must comply with certain prohibitions of communication which protect consumers from unwanted intrusions. These include: calls before 8 a.m. or after 9 p.m., anonymous calls, calls to cell phones, or "robo-calls."

CAN-SPAM Act is the...

Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.

National Do Not Call Registry Guidelines

Do not call requests and the DNC registry are effective permanently.

National Do Not Call Registry Guidelines

Fines for those who violate the law are steep. The maximum amounts are adjusted regularly, but are currently $40,000 per violation. Each call may be considered a separate violation.

HUD may impose the following maximum penalties: No prior offenses: $21,039 One prior offense in the previous five years: $52,596 Two or more prior offenses in the previous seven years: $105,194

In addition, the U.S. Department of Justice can investigate "pattern of practice" concerns and impose penalties of as much as $50,000 for a first offense or $100,000 for subsequent offenses.

CAN-SPAM legislation includes...

Junk emails (known as "spam") are prohibited. Email marketing messages must include an "unsubscribe" option. Consumer opt-outs must be honored within 10 business days. Misleading or false header information or subject lines are prohibited. Mailings must include a valid physical postal address (can be a post office box) and an email address. Email solicitations must include a clear notice that the message is an advertisement or solicitation unless the consumer has agreed to receive messages from the business.

The federal Telephone Consumer Protection Act of 1991 (TCPA) and the regulations promulgated by the Federal Communications Commission (FCC) govern telephone solicitations and regulate the use of automatic telephone dialing systems, pre-recorded or artificial voice messages, and telephone facsimile machines. These laws apply to all solicitors, including—you guessed it—real estate licensees.

Part of TCPA is the National Do Not Call Registry. Brokers and sales associates contacting prospects must be familiar with the act and its implementation. If you'd like to spend some time exploring, the link here leads you to the national do-not-call registry website.

Individuals with junk fax concerns can file complaints with the Federal Communications Commission (FCC) or file a private suit against the violator. If the FCC investigates and prosecutes the case, violators may be subject to penalties of as much as $11,000 per fax.

Victims may also file complaints with the appropriate state authorities or file a private suit. Those who pursue action in a private suit may be able to recover either actual monetary damages or as much as $500 in damages for each violation, whichever is greater. The court may triple the damages for each violation if the defendant knowingly or willfully committed the violation.

An exception to the CAN-SPAM Act is _______ (or private) email.

transactional

The current maximum federal fine for violating Do-Not-Call provisions is $--,---.

$42,530

National Do Not Call Registry Guidelines

Sellers and telemarketers are required to check the DNC registry at least once every 31 days and drop disconnected, registered, or reassigned numbers from their contact lists.

The current maximum federal fine for violating the CAN-SPAM Act is $--,--- (for each separate email that violates the act).

$42,530

The current maximum penalty for violation of lead-based-paint disclosure requirements is $--,--- for each violation.

$17,834

Which two of these communications are prohibited under CAN-SPAM? Junk or "Spam" emails Mailings with a post office box for a return address Subscribed email advertising Misleading or false information in subject lines

Misleading or false information in subject lines Junk or "Spam" emails

National Do Not Call Registry Guidelines

Real estate companies can avoid penalties for making accidental calls to numbers on the DNC list by developing and enforcing procedures that comply with DNC requirements, training staff on procedures, documenting processes used in making calls, and updating records as required.

National Do Not Call Registry Guidelines

Real estate professionals may continue to contact clients for up to three months after an inquiry or application has been made.

Transactional email is _____ communication between a licensee and another party for the purpose of sharing information about properties or current transactions. This type of communication isn't considered soliciting.

private

The Telephone Consumer Protection Act established the National Do Not Call Registry (DNC) in 2003. Which statement about provisions in the DNC is correct? Assume that each customer or client is registered with the DNC. Jen purchased her home through Todd. Todd can call her for up to 18 months after the closing. Cameron contacted Trenton at Savvy Homes, asking for information on a listed property. Trenton is permitted to call Cameron for up to six months to see if he's still looking for a house. DNC violators are subject to fines of up to $50,000 for each violation, and each call may be considered a separate violation.

true false-three months false-$40,000

Determine whether these statements are true or false. Sellers and telemarketers must check the National Do Not Call Registry at least once every 31 days to remain compliant with TCPA guidelines. It's illegal for a telephone solicitor to call phone numbers registered on the National Do Not Call Registry. The federal Telephone Consumer Protection Act does not apply to real estate licensees.

true true false

The current federal penalty for violating the Sherman Act can be as much as $1 million for an individual, along with 10 years in prison or $100 million for a corporation. The maximum fine may be increased to _____ the amount the conspirators gained from the illegal acts or ______ the money that victims lost (if either of those amounts is over $100 million). Price fixing, bid rigging, and customer allocation agreements between competitors are punishable as criminal felonies.

twice twice