Purpose: The federal regulations issued by the Federal Communications Commission (FCC) regulate telephone solicitation activities performed by REALTORS. The State and Federal laws apply to all telephones, including cellular telephones. Federal law also limits the use of fax solicitations. This policy guide is offered to help you understand your obligations to consumers under both Mississippi and Federal law. It is required that all sales affiliates comply with the policy provided. Rationale: State law exempts REALTORS from telemarketing. Federal law applies to REALTORS and does not require a plan, program or campaign or the making of more than one phone call. It is clear that any cold calling or use of other mass marketing programs which utilize telephonic or fax communications by REALTORS (or others on their behalf) are regulated activities under Federal law. If you question whether an anticipated call(s) to be made by you will be considered telemarketing, consult your office manager. Suggested National Do-Not-Call Registry Policy In order to be eligible for safe harbor, a company will need to demonstrate that as a matter of "routine business practice" they have a written policy describing the company's plan for complying with the Registry, trained its representatives on its written policy for complying with the Rules (company might want to have its representatives sign an acknowledgement form or a sign-in sheet so the company can demonstrate at a later date that its representatives participated in a training session), regularly downloads the registry and maintains a company specific do-not-call list. The following is suggested written policy for real estate companies. The Mississippi Association of REALTORS (MAR) recommends that companies consult with their legal counsel and modify the language before incorporating it into existing office policy. MAR suggests that a hard copy of these rules be kept somewhere on site so that agents have access to it at all times. Purpose: The federal regulations issued by the Federal Communications Commission (FCC) regulate telephone solicitation activities performed by REALTORS. The federal law applies to all telephones, including cellular telephones. Federal law also limits the use of fax solicitations. REALTORS are exempt from the state do not call law. This policy is offered to help you understand your obligations to consumers under the required federal law. It is required that all sales affiliates comply with this policy. Rationale: Federal law, as it applies to telemarketing, reaches broadly and does not require a plan, program or campaign or the making of more than one phone call. It is clear that any cold calling or use of other mass marketing programs which utilize telephonic or fax communications by REALTORS (or others on their behalf) are regulated activities under federal law. If you question whether an anticipated call(s) to be made by you will be considered telemarketing, consult the office manager. National Do-Not-Call Registry (Insert Company) complies with the Federal Trade Commission and Federal Communication Commission National Do-Not-Call Registry regulations. All employees, independent contractors and any other personnel associated with (Insert Company) are obligated to comply with the all policies and procedures, including the Do-Not-Call rules, at all times. These policies can be changed at anytime and without notice.
Exemptions Residential number listed in the Registry can be called in three instances. The first is if the telemarketer has a personal relationship with the consumer. A personal relationship is defined as "family member, friend, or acquaintance of the telemarketer making the call". A referral is not sufficient enough of a relationship to be classified as a personal relationship. The second is if the telemarketer has consumer's express written invitation or permission to call the consumer. This type of written consent would be recommended in cases of referrals. The third is if there is an "established business relationship". Established Business Relationship A telemarketer may call a consumer with whom it has an established business relationship for up to 18 months after the consumer's last purchase or business transaction - even if the consumer's number is on the National Do Not Call Registry. In addition, employees, independent contractors and any other personnel associated with (Insert Company) may call a consumer for up to three months after the consumer makes an inquiry to (Insert Company). (Insert Company) s Do-Not-Call List If a consumer is contacted that is not on the National Do-Not-Call Registry and they request to not to receive any further phone calls from (Insert Company), that phone number must be placed on (Insert Company) s Do-Not-Call List. This is a company specific do-not-call list that contains phone numbers where consumers have made specific requests to representatives not to receive calls from the company. Such a request overrides any exception (such as an established business relationship) that would otherwise allow the business to call the consumer. The list will be maintained by (Insert individual or position). If an employee, independent contractor or any other personnel associated with (Insert Company) receives this type of request from a consumer, they must fill out the (Insert Company) s Do-Not-Call List form within (Insert number of days, recommend 5 business days) business days of the request and submit it to (Insert individual or position). The phone number, with area code, date of contact and name of company representative who made the phone call must be included in the form. (Insert individual or position) will update the list every 30 days on the (Insert day of the month) and it will be available (Insert central location list can be accessed, either on a computer server or via hard copy format). A consumer s request to a business is good for five years from the date it is made and the list will purge these phone numbers after the expiration date. Registry Access The National Do-Not-Call Registry will be updated every three months. (Insert individual or position) is the Authorized Representative for (Insert Company) and will be the individual responsible for maintaining the Registry. The updated registry can be accessed through (indicate a central location, either through a database program, central computer file or hard copy). All employees, independent contractors and personnel associated with (Insert Company) must use the list when calling potential clients to confirm that their phone number is not on the list. Any solicitation phone calls inadvertently made to a phone number on the list must be reported to (Insert individual or position) within 48 hours along with details about the phone transaction, date and time phone call was made. A log will be kept of these types of incidents.
Solicitation Phone Call Guidelines Solicitation phone calls can only be made during the time period of 10 am until 8 pm, Monday through Saturday, unless written permission is provided. The telemarketer must provide their name, company name, and have contact information available. Unacceptable conduct during a phone call (examples: repeatedly calling the same number; allowing phone to ring numerous times; abusive tactics such as threats or obscene language; or hanging up when consumer begins to request placement on company's do-not-call list) are grounds for immediate termination. Agents should disconnect after allowing the phone to ring for 15 seconds or 4-5 rings after no answer. Training All employees, independent contractors and personnel associated with (Insert Company) must receive formal training on the National Do-Not-Call Registry Policy. A signed form acknowledging receipt of training will be kept on file.
HELPFUL TELEMARKETING POLICY TIPS Provided by the Mississippi Association of REALTORS for use by MAR members ONLY Before Soliciting Business by Telephone 1. You must obtain a copy of the most recent Federal Do Not Call Lists. Federal law requires the List to be updated at least every 90 days. The office manager will have a copy of all applicable Lists, or will direct you to a location where the Lists are available. It is imperative that you work from the most up-to-date Lists available. 2. Federal law also requires each company to maintain its own list of persons who have directly contacted the company to be included on the company s own list. Ask the manager if there is, in addition to the state and federal Do Not Call Lists, an internal list of consumers who have specifically requested this office, or sales affiliates associated with this office, not to place calls. These consumers are to be treated like any consumer whose name appears on the other Do Not Call Lists. 3. Before making any telephone solicitation calls, check the Lists to determine that the intended recipient of your call is not a subscriber (a consumer who has placed his/her name on any List.) Document the date and time that you checked the Lists to help prove your attempt to comply with telemarketing laws. Conducting Telephone Solicitations 1. Do not call any consumer whose name appears on any of the Do Not Call Lists. 2. A consumer who subscribed to any Do Not Call Lists is enrolled for five years and may renew his/her subscription for an additional five year period. 3. If, during a telephone call placed to a consumer whose name does not appear on any of the Lists, the consumer states that he/she does not want to engage in such a call, advise the consumer that you will respect his/her wishes, thank him/her and hang up. Please report the name and telephone number of the consumer to the office manager or the person to whom you are directed for placement of that persons name and telephone number on the company s internal list. 4. During the course of the telephone call, you must provide the consumer with your name, the name of the office, and the telephone number or address where you and the broker who may be contacted. If calls are being made by an assistant, the assistant must identify himself/herself and advise that the call is being made on behalf of you (your name must be given, as well as the name of the brokerage, and upon request, the address and telephone number of you and the broker). 5. The telephone used to make a telephone solicitation call must transmit your Caller ID information in areas where this is technologically possible. Check with your broker regarding company telephones or with your telephone company regarding any other telephone you may use. Receiving a Call from a Consumer Whose Name Appears on the List 1. You may talk to a consumer whose name appears on any of the Lists if they telephone you. 2. You may return a call to a consumer whose name appears on any of the Lists when that call is made in response to an express request of the consumer. A telephone message instructing you to call a consumer is such a request and may
be answered. When a consumer calls and asks to speak with someone who is not available, the person who is taking the message should specifically ask the caller if they would like a return call. This should be conspicuously noted on the message. A request for a return call left on a voice mail message or answering machine would also likely satisfy the law, but should be documented by the recipient as evidence of the message. (Although Federal law requires written permission before telephoning a consumer who is on the List, a consumer s express request may be treated as an inquiry as noted below.) Placing Calls to a Consumer With Whom You Have Conducted Business in the Past As part of a telemarketing campaign you may still call a consumer whose name appears on any of the Lists IF: 1. Within eighteen months preceding the call, a. You have an established business relationship based on a purchase, rental, lease or financial transaction; OR b. You obtained the consent from this consumer to make future telemarketing calls. (Document the consumer s consent.) Example: Barbara calls you because she has seen a sign on one of your listings. After reading the Consumer Notice and following a discussion about the property, Barbara decides that this is not the house for her. Before hanging up, you ask her consent to call in the future should you find specific properties that seem to meet her needs and as part of any future telemarketing campaign that you may conduct. If Barbara says no to any future telemarketing calls, then you treat her like any other caller on the List. If she says that you may call her with regard to specific properties, then your future calls are not part of a telemarketing campaign but rather part of a select telephone call regarding specific properties and matters tailored to this particular caller. 2. Within three months preceding the call, a. You have an established business relationship based on a consumer inquiry or application for a product or services offered by you; and b. You immediately obtain permission to continue the conversation regarding new subject matter. (Document the consumer s consent.) 3. (c) If a consumer specifically requests to be added to the company s Do Not Call List, then the established business relationship exception no longer applies. Obtaining Consent from Clients and Customers Near the conclusion of a real estate transaction seek the consent of your client/customer to include them when making calls to buyers and sellers in the future. In this way, even if the client/customer s name appears on a Do Not Call List, you may call them up to one year following that consent. Document the client s consent or, if possible, obtain written consent from the client. Open House Registration In a prominent location on the open house registry, indicate the calls will be placed only to registrants who enter their telephone numbers in the appropriate location. You should indicate that those listing their telephone numbers consent to receiving your calls when marketing by telephone.
Obtaining Permission via the Web In a prominent location on or near any online response form that requests the phone number of a consumer, indicate that inclusion of the phone number in that form gives you permission to make follow-up phone calls, and that individuals providing phone numbers consent to receiving your calls when marketing by telephone. Calls to FSBO Sellers and Expired Listings You may only call FSBO sellers whose numbers appear on the Do Not Call list if you represent a potential buyer with interest in the property. You may not call these sellers to attempt to obtain a listing or to otherwise attempt to sell your services as a real estate professional. You may not call any seller whose listing has expired in an attempt to obtain the listing unless you previously had the listing that expired or you have some other existing business relationship with that seller. Fax Advertisements 1. Under Federal law you may fax an advertisement only with the permission of the recipient. The permission does not need to be obtained in writing prior to January 2005. The existence of an established business relationship with the consumer as noted above is sufficient to imply permission to send fax advertisements. Do not send fax advertisements to any person who has specifically instructed you and/or your company not to call them because this eliminates the established business relationship under federal law. 2. All fax advertisements sent to a consumer must indicating the date and time the fax was sent as well as the name of the company or person sending the fax and the telephone number of the sending machine. Check the settings on any fax machine used for this purpose to ensure compliance with these laws. 3. Blast faxing or similar bulk faxing is prohibited. Automated Telephone Dialing Equipment, Artificial or Prerecorded Voice Messages Federal law further regulates the use of automated telephone dialing systems and/or artificial or prerecorded voice messages for telemarketing purposes. Do not use these means for soliciting business without express written approval from the broker or office manager.