Welcome to the New RealTown! Submit Feedback
Member Login | Join RealTown
The Real Estate Network
RealTown  Community  RealTalk  Do Not Call Rules  Do Not Call - Cold Calling

RealTown's RealTalk

Back

Bookmark and Share  

Create New Discussion Digest Archive

 Do Not Call - Cold Calling

Created by:
Chris Newell, Licensed Real Estate Agent,  Milton

Date: October 28, Number of Replies: 56


View Profile

Being in Canada, it's always hard to know how things work in the USA. To help explain my question, I'll tell you our rules and what I'm doing.

We have a DNC here, and there are a number of companies (for the Canadians out there, our office uses http://RealWebLeads.com) that provide the service of allowing you to search for all the phone numbers on a street and then their web site will scrub it against the DNC. At that point, one can print the list or do as I do, which is capture it as a CSV file, upload it to http://REAgentDialer.com and then make my calls through that site. Following this methodology, I am always in compliance with the DNCL rules, and other rules that apply to telephone canvassing.

My questions really revolve around the DNC in the USA. I've searched on the Fed Gov't site, and it tells me nothing, unless I care to subscribe to the site. I do not care to subscribe.

Question 1 - Are there companies such as I described above, who provide a site that will allow you to search all the numbers on a street and then the site will scrub it against the DNCL?

Question 2 - If no such company exists, how do you verify that the numbers you wish to call are not on the DNCL?

Question 3 - If such company does exist, does their site allow you to export the numbers or do you have to do some sort of workaround such as viewing print-friendly then copying and pasting into Excel to create a csv file?

Question 4 - Do you cold call? If not, is it because of some hassles in complying with DNCL rules?

Thanks in advance for your answers. I am an affiliate of the site I use, because the use of it has taken my lead generation to a much higher level with less effort on my part, and I'm hoping your answers will help me help some agents in the US to accomplish the same results that I have been.

Newell

To Top Quote   Reply
Randy Hollister Licensed Real Estate Broker,  Pawleys Island,  SC

Date: October 28

Chris Newell asked:

Question 1 - Are there companies such as I described above, who provide a site that will allow you to search all the numbers on a street and then the site will scrub it against the DNCL?

Question 2 - If no such company exists, how do you verify that the numbers you wish to call are not on the DNCL?

Question 3 - If such company does exist, does their site allow you to export the numbers or do you have to do some sort of workaround such as viewing print-friendly then copying and pasting into Excel to create a csv file?

Question 4 - Do you cold call? If not, is it because of some hassles in complying with DNCL rules?

Chris, and fellow RealTalkers,

Our real estate do-not-call compliance tool, DNCsentry.com allows users to check numbers one at a time, or paste up to 10,000 at a time to determine whether the number(s) appear on the National Do Not Call Registry or the company-specific do-not-call list. It also checks for any applicable exemptions like a recent inquiry, past transaction, or written permission.

In the current version, Chris, you need to print out the results when checking a large group of numbers. But, our 2.0 release coming in December will allow you to upload a list and then click a link to download the scrubbed list which will be more convenient than the current version.

At the other end of the spectrum from scrubbing large lists, our iPhone, Blackberry, and Android apps are just about through testing so you'll be able to check that number on that FSBO sign while you are sitting in front of the house.

We don't offer Canadian compliance, so I am not well versed in the particulars of your law, but in the US, the impact of the rules reaches far beyond just cold calling.

The US list now has over 183 million numbers on it. You can only call listed numbers within 90 days of a consumer inquiry and within 18 months of a prior transaction, so your ability to work your existing clients is sharply curtailed if an agent doesn't secure written permission to contact.

Including permitted exemptions, roughly 40% of the telephone numbers checked by our 200,000 real estate subscribers are legally callable, so cold calling is still viable for those who are comfortable doing it.

Randy

 

To Top Quote   Reply
Bob Weibler Licensed Real Estate Agent,  Russellville,  AR

Date: October 29

In my opinion, this whole DNC thing has been fueled by fear, even through NAR.

I read the National DNC rules, and they pertain only to companies who are engaged in an INTER-STATE CAMPAIGN to call people. I'm guessing, especially if you're doing cold-calling, that you're calling within your state (except for border town folks). I don't recall seeing a definition of the word CAMPAIGN, but I'd be surprised if it applied to Realtors.

That being said, Arkansas has it's own State DNC rules, and I imagine most other states do also, and I have no idea what they say. IMHO, as a layperson, the National DNC rules don't apply!

Bob Weibler

To Top Quote   Reply
Randy Hollister Licensed Real Estate Broker,  Pawleys Island,  SC

Date: October 29

Bob Weibler said:

IMHO, as a layperson, the National DNC rules don't apply!

 
You are right that Arkansas does have a state do-not-call law, and thanks to some great lobbying by the Arkansas Realtors Association, real estate agents are exempt from those state rules. But, that exemption is only from the Arkansas rules.
 
Many of the 40 or so states with do-not-call laws have similar exemptions for our industry. Others exempt calls where the actual transaction requires a face-to-face meeting, like real estate typically does.
 
You are still 100% obligated to follow the federal rules, and the federal rules do not include those exemptions. Also, the federal rules do not apply only to interstate campaigns. There are actually two different sets of federal regulations, one from the Federal Trade Commission and one from the Federal Communications Commission. While the FTC rules apply only to intrastate calls, the FCC rule applies to both intrastate and interstate calls. The scope of the FCC regulation is broader because it involves use of regulated carriers (phone company lines).
 
Every call made in solicitation of business by a real estate practioner in the United States is governed by either the FTC rule, the FCC rule, or both.
 
This isn't a gray area in the law, Bob. NAR even asked the FCC for an exemption from the rules to permit calling advertised FSBO's (except when representing a legitimate buyer) and sellers with expired listings. The FCC specifically rejected their argument and declined to relax the rules.
 
There are also anecdotal accounts of FSBO's deliberately trying to entice REALTORS to call so they can take action against them. And in a famous case from a year and a half ago, a fellow from Minnesota was successful for a time in shaking down real estate companies in many states for $500 - $1500 each for technical violdations of the law.
 
That risk, and the negative publicity that accompanies violations, is why some associations, like the Texas Association of REALTORS, provide our DNCsentry service to their members as a no-cost member benefit.
 
 
Randy Hollister, CRB, ePRO
Do Not Call Sentry LLC
 
To Top Quote   Reply

Date: October 29

I don't do cold calls because: 1) the risk is too great for a violation of the DNC law, 2) I don't like to get cold calls, so I don't make cold calls 3) I have yet to here someone say they like to get cold calls.

I get irritated when people call me trying to sell me things over the phone whether it is Real Estate related or not. I'm not usually kind to someone who interupts me with a sales call. As soon as I detect a sales call I hit the end button.

There are plenty of non intrusive ways to get leads today and the cold call is an out of date tool.

Bob Simmons

Prestige Realty, Phoenix AZ

To Top Quote   Reply
Chris Newell Licensed Real Estate Agent,  Milton

Date: October 29

Of course, each to his own, and I'm not ever going to try to change someone's mind. I get a lot of leads and am now seeing solid $$ results from cold-calling.

My script is very simple: Hi, it's Chris Newell calling - do you want to sell your home?

I get great reactions because if they say no, I say thank you very much, have a great day.

Newell

To Top Quote   Reply
Lindy Hall Licensed Real Estate Agent,  Houston,  TX

Date: October 29

Randy,

So great to have you, as a DNC expert, here to answer all these questions!

I do think that FSBOs, when they have their number advertized in the Sunday paper, for everyone to see, should be immediate exempted from all DNC lists, when the call is regarding real estate. And if FCC or FTC turned that down, it should be re-worded and hammered-at, again.
Conversely, calling non-FSBOs, doing simple ColdCalls, to drum up real estate business, yes, I can see that as a violation.

(Years ago, before the DNC, we called FSBOs... and quite effectively. Every few months, during a "slump", we would have the entire office stay late, we'd have pizza, and maybe wine, and we'd make ColdCalls, just like SweatHogs used to do, and most new-agent-training classes did. We hated doing it, but after the first few calls, it got much easier, and actually, kinda fun. )

Most of that was just commentary.... and now my question:

Back when the DNC list started, I was still getting quite a few telemarketer calls. I started thinking, like that guy in Minnesota, that I could sure use the extra money for nailing some of those telemarketers. That was before additional rules req'd(?) that telemarketers have Caller ID or provide a return number, or something like that.
I went to the gov't web-site, and the way it was worded, sounded like the money from the fines went to the gov't, not to the complainent.
So, I'm asking, the revenue from those fines... who get's it?

Thanks,
Lindy in Houston

To Top Quote   Reply
Chris Newell Licensed Real Estate Agent,  Milton

Date: October 30

Hey Lindy,

Our fines here in Canada are (I think the same as USA) $11,000, and the money goes into the Fed's pocket. Any number we call from must be a number that ppl can call back to and find you from. With http://REAgentDialer.com, the caller display shows the number you are calling from - I make all my calls using Skype, which has my cell number as it's caller ID, so that is the number ppl see and call me back at.

Also, the number we call from has to be registered with the DNCL ppl - our office does that part of it.

I find cold-calling fun; didn't at first, but actually get annoyed at myself if I don't get all my time in making the calls every day.

Newell

To Top Quote   Reply
Juanita Williams Licensed Real Estate Broker,  Parachute,  CO

Date: October 30

Robert Simmons wrote: get irritated when people call me trying to sell me things over the phone whether it is Real Estate related or not. I'm not usually kind to someone who interupts me with a sales call. As soon as I detect a sales call I hit the end button.

I consider a cold call from a salesperson a "warm call" for me! I try to sell them real estate! Sometimes they hang up on me, but it gives me practice if they don't and peace if they do-a win-win!

Yours to Count On!

Juanita R. Williams REALTORĀ® e-PRO
970-618-4525 cell ph-the easiest way to reach me!

To Top Quote   Reply
Randy Hollister Licensed Real Estate Broker,  Pawleys Island,  SC

Date: October 30

Lindy Hall wrote:

I do think that FSBOs, when they have their number advertized in the Sunday paper, for everyone to see, should be immediate exempted from all DNC lists, when the call is regarding real estate.

Lindy and fellow RealTalkers,

NAR made precisely that argument shortly after the federal rules took effect. Their argument, which makes perfect sense, was that a person advertising his home for sale was acting like a business, so therefore should be exempt from the do-not-call rules.

On 2/10/2005, the FCC specifically addressed the NAR's request: "We find, however, that calls by real estate agents who represent only the potential buyer to someone who has advertised their property for sale, do not constitute telephone solicitations, so long as the purpose of the call is to discuss a potential sale of the property to the represented buyer."

That means the FSBO call is legal, so long as you are representing a specific potential buyer for that property. During that call, however, you may not ask for a commission nor a listing because either of those constitute a solicitation for the sale of your services; converting an otherwise perfectly legal call into an illegal one. Remember, this only concerns phone calls. You can still go knock on the door and ask the FSBO if they will pay you x% if you bring them a buyer, you just cannot do it on the phone.

Since you are in Texas, Lindy, by year-end you'll be able to download a mobile application for the iPhone, Blackberry, or Android phone that will let you check FSBOs and other numbers while out in the field. That will be a free enhancement to the DNCsentry service that the Texas Association of REALTORS has been providing for free to all of its members for the last five years.

Randy Hollister, CRB, ePRO
Do Not Call Sentry, LLC

To Top Quote   Reply

Reply to Discussion:





  • Point2
  • Listing Domains
  • Top Producer
  • Go e-PRO
  • Matthew Ferrara
  • T-ReX Global
  • realEseller
  • Docusign
  • MyOnlineNeighborhood
  • REALTOR Benefits Program
  • Inman Connect
  • RIS Media
  • Agent's First Choice
  • WebsTarget
  • Realtor Benefits
  • iHouse Websites