NAR Looking at Options on Do-Not-Call List
The National Association of REALTORS is assessing its options for seeking
amendments to the rules governing the new federal do-not-call list, either
through the regulatory or legislative process, or through a legal challenge.
The association is also developing guidance for members on how to comply
with the registry.
Under the new do-not-call registry, which was opened to consumers on June
27, the telemarketing restrictions don't include exemptions for real estate
practitioners, although calls from practitioners are permitted to consumers
that meet an existing business relationship test or who have given their
approval for such contacts.
The registry is administered by the Federal Trade Commission, whose rules
apply to calls made across state lines. But in a surprise move, the Federal
Communications Commission in late June announced that it is extending
coverage of the registry to calls made within a state. As a result, real
estate practitioners must comply with the registry requirements even for
intrastate calls, regardless of exemptions for real estate practitioners in
existing state do-not-call laws.
This is a significant change to the rules regulating telemarketing sales and
a largely unexpected move by the FCC, say NAR analysts.
NAR had sought to maintain an exemption for real estate professionals in the
FTC rules that would have aided practitioners making calls across state
lines. That exemption wasn't included. As a result, the FCC action extending
the registry to calls made within a state would also not include the
exemption for practitioners.
The registry rules require telemarketers to purchase the list of names in
the registry and are prohibited from contacting households included in it,
unless certain conditions are met. Consumers who register between June 27
and August 31 can expect most telemarketing calls to stop after October 1.
For real estate practitioners, calls to contacts whose names are on the list
are permitted as long as the practitioner and the contact have an
established relationship. That is, calls can be made to a contact for 18
months after a business transaction and three months after a consumer
inquiry or application. With the FCC action, the federal rules supersede all
less restrictive state do-not-call rules.
A summary of the registry rules and its impact on practitioners is at
REALTOR.org.
--NAR
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