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How to Comply With the
Federal Do-Not-Call Rules
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How to Comply With the Federal
Do-Not-Call Regulations
Fortunately, brokers can protect themselves against the $11,000 per
call penalty for inadvertent calls to numbers on the Do Not Call
registry by complying in good faith with the "Safe Harbor" provisions.
But, broker beware! The Safe Harbor rules require more than
simply checking the National Do Not Call list. You must provide your
agents with the tools, have systems in place to avoid mistakes, and keep
detailed records to prove your good faith efforts at compliance.
Safe Harbor Provisions
If you can establish that, as a part or your routine business practice,
you meet the following requirements, you will not be subject to civil
penalties or sanctions for erroneously calling a consumer who has asked
not to be called, or for calling a number on the National Registry.
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Written Procedures - You have established and implemented written
procedures to comply with the national do-not-call rules.
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Training of Personnel - You have trained your
agents and staff in these
procedures.
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Records - You maintain and record a company Do Not Call
list.
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Give Your Agents the Tools -You
use a process to prevent telephone solicitations to any number on the
company and national do-not-call lists; you employ a version of the
national list that is not more than 31 days old; and you maintain
records documenting this process.
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Purchase the National Do Not Call Registry
- Your firm must register with and (if applicable) purchase access to the list from the
government agency maintaining it (the FTC). You may not share your
copy of the list with other firms. (You may download up to five area
codes for free; each additional area code is $54 per year)
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Monitor and Enforce Compliance - You monitor and enforce compliance with your
written Do Not Call procedures
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Only Legitimate Errors Forgiven - The call in question must be the
result of error and not a willful violation.
Simplify Compliance by Using
Do Not Call Sentry™
Do Not Call Sentry™ is the simple to use, low-cost solution for
Do-Not-Call compliance in the real estate industry. The application,
which is available from any Internet connection, provides brokers with the
tools they need to take advantage of the Safe Harbor.
You get all of this in one inexpensive application:
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Provides all of your agents and staff with a
simple look-up utility to check which calls are permitted and which are not
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When numbers may not be called, user receives an
explanation why they are prohibited
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Automatic real-time maintenance of your
Company Do-Not-Call List, without any action required by your staff
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Automatic downloads the National Registry
when necessary to comply with Safe Harbor rules
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Maintains log of consumers who have given you
express written permission to call by phone
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Logs every number checked by your staff and
agents to document your firm's compliance efforts
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Checks for prior transactions or inquiries to
maximize the number of permitted callable numbers
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Complete audit trail to prove you've made
a good faith effort to comply with the law
IMPORTANT:
Do-not call safe harbor compliance must be managed at the company level.
Individual agents or offices acting independently cannot fully protect
themselves.
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