The Federal Trade Commission's passage of the Federal Telemarketing Sales Rules, better known as the National "Do Not Call" list, is an important new law affecting all telemarketers, as well as real estate agents, in the country. RealtyOne800.com is committed to complying with the law. In order to insure full compliance, RealtyOne800.com has researched the Do Not Call regulations in order to determine which telemarketing acts are prohibited by the law and what acts are permitted under the law. While the following summarizes the regulations based on analysis by RealtyOne800.com, members with specific legal questions about specific situations or issues should seek independent legal advice from their own legal advisors.
Generally, the Do Not Call regulations prohibit telemarketers from calling customers who have their phone numbers on the National Do Not Call Registry. However, there are 2 important exceptions to this general rule which make it permissible for a telemarketer to call a consumer who has placed their telephone number on the registry.
The first exception allowing for telemarketing calls is the "Calls Responding to General Media Advertising" exemption. Under this exemption, telemarketers MAY call consumers who have called the telemarketer in response to the telemarketers general media advertising. If a consumer calls in response to an advertisement, the telemarketer's return calls are not prohibited by the regulations as long as those calls are made within 3 months of the consumer's inquiry, and as long as the return call is about a product related to the product the consumer initially inquired about.
The second exception allowing for telemarketing calls is the "established Business Relationship" exemption. Under this exemption, telemarketers may not only call consumers who have made inquiry calls to the telemarketer for up to 3 months after the date of the consumer's inquiry call, but telemarketers may also call a consumer based on the consumer's prior purchase, rental, or lease of the seller's goods or services, or a financial transaction between the consumer and seller, for up to 18 months after the transaction. The 18 month period runs from the date of the last payment, transaction, or shipment between the consumer and the seller.
While there are other exemptions to the regulations, such as the regulations not being applicable to intra-state telemarketing calls, these exemptions should be looked at individually.
RealtyOne800.com understands that the telemarketing industry is undergoing important changes, and RealtyOne800.com remains committed to adapting to and complying with those changes in order to remain an industry leader, and to continue to assist its members to adjust and thrive in the changing environment.
To learn more, visit the FTC website.
