Do-Not-Call Rules Explained

byHenry A. Lerner, Esq. Director, Member & Legal Services

Q: “I know I can’t call people who are on the state and/or federal

Do-Not-Call list, but that doesn’t apply to FSBOs, does it? If they’re

advertising their number then they clearly want me to call them, right?”

A: Wrong, wrong, wrong.

Since the initial passage of Pennsylvania’s Do-Not-Call legislation, PAR has

advised that real estate practitioners may not call FSBO sellers to market their services; a call to a FSBO seller who is on the Do-Not-Call list may ONLY be made if the practitioner represents a bona fide buyer with a legitimate interest in the property.

Here’s the reasoning: Sellers aren’t putting their phone numbers in the paper or on a yard sign because they want to hear from salespeople who will list the property or offer to try to track down a buyer. These sellers are advertising their phone number because they want to generate phone calls from potential buyers with a legitimate interest in purchasing the property. If you represent such a buyer then you can place a call on their behalf; but if you are just trying to sell your services then you can’t make the call.

This interpretation has been confirmed by an official ruling released by the Federal Trade Commission on February 18, 2005. In that ruling, available on the FTC Web site at www.ftc.gov, the Commission states its interpretation that a real estate practitioner may not call a FSBO seller who is on the Do-Not-Call list for any reason other than to express an interest in the property on behalf of a represented buyer.

Remember that in Pennsylvaniayou must check both the Pennsylvaniaand the Federal Do-Not-Call lists. While the PA list is only updated every 90 days, recent regulatory changes require that you check numbers against the Federal list at least every 31 days.

To make compliance easier, members can use DNCQuickcheck, an online service provided by PAR partner PossibleNow. For only $10/month per password, or $100/month for offices with over 10 agents, you get access to a comprehensive program that lets you easily check numbers against both the state and federal lists, as well as allowing you to maintain your internal brokerage Do-Not-Call list. The software also provides reporting capabilities so brokers and office managers can track compliance in the office. For more information on the program, go to www.dncquickcheck.com To order, use code “sc0986pr” to get the PAR discounted price.