Quick Links for DNC Laws and Regulations
- Federal Do Not Call Registry Home Page
- Frequently Asked Questions for Businesses
- Get the Do Not Call List
- NAR’s Frequently Asked Questions
- NAR’s Guide to How to access the registry
- NAR’s Guidance on company policies brokerages need to establish
- Florida REALTORS Do Not Call Page
- Florida’s Do Not Call Page
DNC Laws: Understanding Do-Not-Call Regulations
The Federal Communications Commission (FCC) established the National Do-Not-Call (DNC) Registry to reduce unwanted telemarketing calls. Real estate professionals must comply with these rules to ensure they respect consumer preferences while engaging in telemarketing activities.
What is the Do-Not-Call Registry?
The DNC Registry allows consumers to register their numbers to avoid unsolicited telemarketing calls. Established under the Telephone Consumer Protection Act (TCPA) and reinforced by the FCC’s 2003 updates, the DNC regulations apply to both interstate and intrastate calls made by real estate professionals.
Key Compliance Points for Real Estate Professionals
- State vs. Federal Rules: The FCC’s rules override less restrictive state laws. Even if state regulations offer exemptions for real estate professionals, federal rules prohibit calls to numbers on the DNC Registry.
- Accessing the DNC List: Brokers can register with the FTC to access the DNC list and share the account number with their agents. Telemarketers must update their lists every three months and can use the FTC’s online tools for single-number lookups.
- Effective Date: The DNC rules have been in effect since October 1, 2003, with enforcement from both the FCC and FTC.
Exemptions to the DNC Rule
Certain calls are allowed despite the DNC listing, including:
- Calls to consumers with an existing business relationship (within 18 months of the last transaction).
- Calls within three months of an inquiry made by a consumer.
- Calls to individuals who have given explicit permission in writing.
These rules do not apply to charities, political campaigns, or survey/poll calls.
Calling FSBO Listings
Real estate professionals are permitted to call FSBO sellers regarding client interest in a property but are restricted from calling FSBO numbers on the DNC list to solicit listings. NAR advises a conservative approach, checking the registry before calling any FSBO listings.
Business Numbers Exclusion
The DNC Registry only applies to residential numbers, so calls to business lines are exempt.
Enforcement and Penalties
Violations can lead to fines of up to $11,000 per call. However, there is a “safe harbor” for unintentional errors if the following conditions are met:
- Documented procedures for compliance.
- Regular training and monitoring of compliance.
- Access to the DNC registry within three months of calling.
- Maintenance of an internal do-not-call list.
For additional questions, it’s recommended to consult an attorney for guidance on specific telemarketing practices.