Do not call/ SPAM
Who initially proposed do not call list?
FCC but FTC and state officials have authority by court to enforce rules
FTC sought help to enforce do not call from who
FCC sister agency
Who has the telemarketing sales rule (TSR)?
FTC
Telephone Consumer Protection Act of 1991 (TCPA)
Federal legislation restricting the use of telephone lines for solicitation purposes. A company soliciting sales via telephone, facsimile, or email must disclose its name and address to the called party and must not call any person who has requested not to be called.
Spam Act 2003
covers the unauthorized sending of electronic messages of a commercial nature disguising email with false return email and deceptive subject lines retrieving email address from websites
Autodialers exceptions
emergency call express consent of person being called
Autodialers and Pre-recorded voices cannot make calls to:
emergency telephone line patient room or elderly home service where person being called is charged
In regards to real estate can I call past clients ?
example get referrals within 18 months yes considered EBR established business relationship
court has determined consumer privacy trumps
free speech
FCC oversees what kind of calls
generally intrastate
FCC email must
have identification as solicitation give opt out option return address both mail and email
In regards to real estate can I call FSBO
iffy should have prospective buyer to be safe
Broadcast voicemails rule allows
info and relationship building material to masses via broadcast voicemail messages ex announce recent sale and current market info bc not directly soliciting
the FTC oversees what kind of calls
interstate and intrastate
SPAM act requires
junk mail to have some to be able to request to be removed
How apply to real estate agent?
making calls/ email or text for referrals previous clients for sale by owners (FSBOs) cold calls to prospects expired listings
Some state fine for unsolicited emails is
millions or prison by there is no do not email list so hard to enforce
despite rules ways to have successful markting
website newsletter or other direct response mailing face to face selling strong referral base open house calls to millions not on do not call list
Which take precedent state law or ftc/ fcc rule?
whichever is more strict fed rule is minimum
Do FCC and FTC use same list of names for do not call?
yes but some states have their own list
What trumps not being on do not call list or exceptions?
consumer asking to be removed from do not call list
Do Not Call List
National registry operated by the Federal Trade Commission which allows consumers to limit the number of telemarketing phone calls they receive.
When was the do not call list created?
Oct 1 2003 amendment to telemarketing sales rule passed by FTC to create list
When can I call past clients indefinitiley?
Relationship building - follow up, provide info
TCPA (Telephone Consumer Protection Act)
Rule prohibiting telephone solicitation calls to a residence before 8:00 am or after 9:00 pm, regulates telemarketing calls. It also is the authority to create the National Do-Not-Call List
unsolicited commercial email (UCE)
Spam & junk mail Includes unwanted solicitations, advertisements or chain letters sent to an email address
FCC (Federal Communications Commission)
The government agency charged with regulating the electronic media
commercial message
advertise or promote a commercial product or service
Who can get on do not call registry?
anyone who wants can have up to 3 numbers on it free of charge sign up on website or toll free number
Business-to-business (B2B)
applies to businesses buying from and selling to each other over the internet
TCPA regarding emails
ban email to phone some email goes as text if commercial messages
Who can call me if my business number is on do not call list
businesses that sell things I use but not non durables (things that have to be replaced)
Autodialers
can be made by person or pre recorded covered by FCC rules
FCC rules robo calls even those without autodialers
cannot be made to home phone unless emergency call to ensure safety given prior consent non commercial calls not advertising or soliciting by non profit or on behalf of EBR
Rules with fax
need permission or written invitation EBR customer within 18 months if voluntarily provided fax number if got number from directly or website unless it states no unsolicited fax ads have taken steps to verify consent for number to be posted if obtained by 3rd party
are FTC and FCC rules the same?
no
FTC exception
not for fcc exception for calls for part of transaction that involves face to face meeting could apply to calling for sale by owners
rules applying to autodialing apply to numbers
on or off do not call list
FTC (Federal Trade Commission)
prevents the unfair, false, or deceptive advertising of consumer products and services
How can one get do not call list?
purchase from website register as telemarketer (me or my broker) get subscription account number (SAN) get first 5 area codes for free refresh list every 31 days
In regards to real estate can I call expired listing?
rules unclear can agent from same brokerage call? can MLS agents call be technically form same organization? to avoid issue treat like past customers and only do 18 months
Can you file in state for do not call list?
some states yes
the do not call list is one of the most
successful initiatives to protect consumers implemented by fed gov
exclusions to do not call list
telephone surveyors politicians charities companies with whom consumer have recently done business (18 months or inquiry in 3 months)
email ban excludes
transactional or relationship messages follow up on transaction made already non commercial messages email forwarded by consumer to own phone
what are repercussions of calling someone on do not call list?
warnings and fines from FTC up to 16K for each illegal call or higher fines by FCC
Why does this apply to real estate?
we are considered telemarketers if calling emailing etc
