Do not call, fax, or e-mail

Compliance checklist helps you follow the rules and avoid fines.

The Federal Communications Commission has recently adopted regulations governing unsolicited telephone and fax commercial communications. These regulations expand significantly beyond previous regulations and supersede conflicting Federal Trade Commission regulations as well as Texas state laws in this area.

NAR and TAR are seeking modification of the do-not-call regulations to exempt states that have adopted their own list governing intrastate calls. (REALTORS® and other state licensees are exempt from the Texas do-not-call list.) NAR is seeking clarification on other aspects of the rules, such as whether the "existing business relationship" exception applies to FSBOs and expired listings. NAR is also seeking modification and/or delay in the implementation of the do-not-fax rules.

The do-not-e-mail rule results from legislation passed by the Texas Legislature in the last regular legislative session. Congress is currently considering anti-spam legislation that could further restrict unsolicited commercial e-mail. The federal legislation, if signed into law, could supersede the Texas law. Please note that the "existing business relationship" exception is defined differently in the Texas do-not-e-mail rule and the FCC’s do-not-call rules.

Do not call

• Beginning Oct. 1, 2003, do not cold call any number listed on the FTC/FCC Do Not Call List (available at https://telemarketing.donotcall.gov/), unless you have an Established Business Relationship (EBR) with the person you are calling or unless you have previously obtained signed, written consent from the person you are calling.

• You have an EBR if the person you are calling has had a purchase or transaction with you in the last 18 months (e.g., you sold their house) or they made a commercial inquiry or application of you in the last three months (e.g., someone asks you to please call with new listings).

• You cannot now, and have not been able since 1995, to cold call anyone who has requested in the last 10 years that no one from your company call them again, even if you have an EBR. Effective Oct. 1, 2003, this is reduced to five years.

• Cold call means an unsolicited call seeking to sell a product or service.

Do not fax

(Note: Due to the efforts of NAR and others, the fax rules have been postoned until Jan. 1, 2005)

The proposed rules state that you may not fax any advertisement (anything soliciting the sale of a product or service, including material mixed in with the fax, such as the cover sheet) to any fax number unless you have previously received a signed, written consent form with the fax recipient’s name and fax number.

Do not e-mail

Beginning Sept. 1, 2003, unless you have an established business relationship with the recipient, do not e-mail any unsolicited, commercial (soliciting the sale of a product or service) e-mail unless you type ADV: as the first four characters of the e-mail’s subject line. For this purpose, established business relationship means a prior or existing relationship formed by a voluntary, two-way communication between two people regarding products or services for sale, unless that relationship has been terminated.

Photos © Brand X Pictures and PhotoDisc.

home   current issue    top 10    resources 

discussions   contact us   search

Buyers & sellers, visit www.texasrealestate.com.
REALTORS®, visit www.texasrealtors.com.