Do you ever solicit business by cold calling members of the public, including For Sale By Owner’s (FSBO’s), owners of withdrawn or expired listings, open house attendees, or former clients and customers?  If the phone number is one of the 221 million filed with the National Do Not Call Registry, you could face a maximum fine of $11,000 or even be named as a defendant in a class action lawsuit for repeated violations.  Recently, an exasperated couple called the Rhode Island Association of REALTORS® to complain about constant phone calls and texts to ask them if they want to sell their home. “We don’t want to sell.  If we ever did want to sell our house, we will never use anyone who keeps bothering us like this.”

Since 2003, calling a consumer’s registered phone number is violation of federal law unless the consumer gives permission to be called; you are returning the consumer’s phone call; or the type of your call qualifies for an exemption.

Here are some compliance tips:

• Register your brokerage as a telemarketer with the Federal Trade Commission. Go to https://telemarketing.donotcall.gov/ to find out how to access these phone numbers.
• Check all residential and cell phone numbers with the National Do Not Call Registry before telephoning. Do not call registered phone numbers unless the call is exempt.
• Exemptions from the “do not call” requirements include calls:

• to current customers and clients;
• former customers and clients within 18 months after the end of a transaction;
• within 3 months after a consumer initiates contact with you about your services;
• consumers who have given written permission to receive phone calls from you or your brokerage. 
• Even if the call qualifies for an exemption, the law still allows a consumer to opt out. Keep a list of any consumers who specifically ask you not to telephone and do not call them.

For more information, please contact the RIAR Legal Department at 401-432-6945 or email [email protected].