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Do Not Call Information:
**With regard to the
Do Not Call Regulations, policies and procedures; please note that
you must consult your local Real Estate Commission and Local Counsel
in order to draft your own policy for your Market Center.
(Click here to Link to KW Legal Department
Regulations)
General information
about Do Not Call:
The National Do Not Call
Registry is managed by the Federal Trade Commission (FTC).
The registry was created to put consumers in charge of the telemarketing
calls they get at home. The FCC, FTC and State Commissions
enforce the Do Not Call policies for Federal and State rules.
• If there are
both federal and state rules in your area, you must follow the
stricter of the two.
• Realtor out-bound
telemarketing is included in DNC practices.
• If you plan
on calling someone on the DNC registry, you must first log all
incoming inquiries and prior relationships from that person.
• Brokers are
accountable for all of their associates.
• You may contact
someone on the DNC registry if they make an inquiry to your company
or you have an established and active relationship with that person.
(Active is defined by your area rules. It is usually an
amount of time such as 3, 6, or 9 month.)
• The
fine for breaking the rules and not having a Safe Harbor practice
is $11,000.
One case has already been settled for $45,000.
***The FTC has amended
the Do Not Call Rule to require that you all access
the Do Not Call Registry and update your own "do not call" databases
every 31 days instead of every quarter.
The amended requirement goes into effect January 1, 2005.
More information can be found
at: http://www.ftc.gov/donotcall/
and https://www.donotcall.gov/
What are Safe
Harbor Practices?
The law accommodates for
errors if the Broker uses Safe Harbor practices which include:
• Setting a
DNC Policy
• Training all
associates and logging the training time.
• Logging company
and associate usage including number look-up with a time stamp.
• Reports to
be made available for a Safe Harbor defense.
• DNC Policy
available on request.
• The ability
to add a consumer to the Brokerage DNC list.
• Brokers
and Associates must follow the stricter of the State or Federal
DNC rules.
DNC FAQ's (click
here)
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