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December 2003
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To call or not to call …

The federal do-not-call rules may limit your ability to cold call anyone in the phone book, but they don’t require you to give up calling consumers altogether. Here are several real-world calling scenarios plus a few regarding the new Texas e-mail rules. See if you can determine which scenarios violate the rules.

The answer follows each question, so scroll slowly if you wish to read a question before revealing the answer.

 

 

 

 

 

 

 

 

  1. True or false? Any member of an MLS can call expired listings from the MLS, even if the property owner’s phone number is listed on the national do-not-call list, because every member of the MLS has an existing business relationship with everyone who lists in the MLS.


    False.

  2.  

  3. True or false? You may not call a FSBO to solicit a listing if the FSBO is on the do-not-call list.


    True.

     

  1. True or false? You may not call a FSBO who is on the national do-not-call list, even if the call is only to make an appointment to show the listing to a potential buyer.


False.

     

  1. True or false? You can’t be fined for sending an unsolicited e-mail advertising a new listing to another Realtor® if you are members of the same board.


    False.

     

  1. True or false? The U.S. Congress is considering a new federal do-not-e-mail list that would require all senders of commercial e-mail to check the list before sending messages.


    True.

     

  1. True or false? You can cold call anyone who has contacted you within the last three months regarding listing information and tell him about new listings that may interest him, unless he asked not to be called.


    True.
  2.  

  3. True or false? You can cold call a homeowner who has listed with you in the past 18 months, even if the homeowner’s phone number is on the national registry.


    True.
  4.  

  5. True or false? If a salesperson makes independent cold calls without her broker’s knowledge and inadvertently calls someone on the do-not-call list, the broker may not be fined by the federal government.


    False.

 

  1. True or false? If you cold call someone who has previously asked you not to call him, you can be fined even if that person is not on the national registry.


    True.

     

  1. True or false? You may not be fined for e-mailing an unsolicited, commercial e-mail if the letters ADV: are typed as the first four characters of the subject line of the e-mail.


    True.

 

Illustration © Artville.

 

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