Prohibits calls to FSBOs whose numbers are on the Do-Not-Call list unless the real estate professional is representing a potential buyer and the purpose of the call is to discuss the potential sale of the property to the represented buyer.
Real estate professionals are not permitted to call expired listings (with whom they do NOT have an existing business relationship) or FSBOs for the purpose of offering services to homeowners.
If you register consumers at open houses or use an automated system that provides information on homes and captures the number of the caller (an inquiry) be sure to include in your message that one of your agents will follow up with a call.
3) If the e-mail contains both commercial and non-commercial content, the e-mail would be deemed commercial if:
a) the recipient concludes from the subject line that the e-mail is commercial.
b) the recipient concludes from the text that the main purpose of the e-mail is to advertise or promote a product or service.
If You Send a Commercial Message it Must Include:
A “clear and conspicuous” notice that the message is an advertisement or solicitation.
A legitimate return e-mail and physical postal address.
An Internet-based mechanism by which the recipient may “opt-out” of future commercial e-mail messages. The opt-out address must remain active for 30 days after the transmission of the e-mail (don’t let your mail box fill up) and opt-outs must be honored within 10 days.
You may not harvest e-mail messages automatically or purchase harvested e-mail addresses.
Once a recipient opts-out of e-mail communication, the Act prohibits the sale, lease, exchange, transfer or release of that person’s e-mail addresses to anyone else for any purpose. Publishing an opted-out e-mail address in your membership roster might be a questionable process.
“ Any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission ."