Legal Library

Do-Not-Call Registry

January 17, 2019

Author: Kreg Wagner (UAR)

Does your brokerage use cold-calling to contact potential buyers or sellers? Do you call expired listings? Do you call past clients seeking referrals or to see if they are ready to sell or buy?

If you answered YES to any of these questions, then please make sure you are in compliance with the federal regulations.

First, real estate agents are NOT exempt from the Federal Do-not-call Registry. This means that before you cold-call potential buyers and sellers or cold-call expired listings, you need to make sure you are comparing phone numbers to the Do-Not-Call Registry at least once every 31 days. For a past client, you may call them up to eighteen (18) months after the consummation of your last real estate transaction.

Second, PLEASE BE AWARE: if you illegally call someone on the Do-Not-Call Registry, you may be fined up to $41,484 per illegal call.

Third, the general rule is that you may not call an individual on the Do-Not-Call Registry UNLESS you have an existing business relationship (up to 18 months after your transaction closed), the individual has given you written permission to contact them, or you have a personal relationship with them (i.e. family, friends, or acquaintances).

Lastly, we definitely do not want to see any of our members fined and we definitely do not want our members to inconvenience individuals whose numbers are on the Do-Not-Call Registry. Here is a link to the FTC website detailing from a consumer’s prospective the purposes of the Do-Not-Call Registry.

https://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry#basics

If you have any questions, please feel free to call the UAR’s Legal Hotline at 801-676-5211 on Monday, Wednesday, or Friday from 8:30 a.m. to 4:00 p.m.

Resource: Do Not Call Registry Basics

Relevant Topics

Code of Ethics