The FTC requires telemarketers to transmit their telephone number and, if possible, their name to consumers’ Caller ID services for all interstate calls.
A telemarketer’s use of calling equipment that can’t transmit Caller ID information is no excuse for failure to transmit the required information .
the FCC rules prohibit blocking of company information through a caller identification service. The Rules further require that a business must provide a number in the caller ID where consumers can call the business during normal business hours and make a business-specific do-not-call request.
There is no number limit to the "safe harbor" protections. However, note that safe harbor is for "inadvertent” calls to a number on the Registry, since the company's policy should prevent all calls to these numbers. So, if there are numerous "inadvertent" calls, then the Company probably doesn't have a very effective office policy and so is at risk for being liable for violating the Rules.
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 if these numbers are on the Do-Not-Call list.
You will need the consumer's signature and phone number for written consent to receive calls and the consumer must have a clear indication that they are consenting to receive calls from the brokerage.
Since electronic signatures are a state law issue, it would be wise to work with an attorney.
“ The most effective exemption is to secure advance permission to call the home -- and now the cell -- numbers of the consumer. The agents tend to work with e-mails, calls to office phones, snail mail, personal visits, etc. There is no easy exemption here! We have had agents who relied heavily on telephone prospecting leave the industry, a few brokers selling or downsizing their businesses, etc. It is truly awful!”
3) E-mail contains both commercial and non-commercial content it is commercial if:
a) recipient concludes from the subject line that the e-mail is commercial.
b) 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 e-mail it must include:
A “clear and conspicuous notice” that the message is an advertisement or solicitation.
A “legitimate” return e-mail address.
A valid 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.
Unsolicited commercial faxes may be sent without prior permission as long as:
An “established business relationship” predates the enactment of the Junk Fax Prevention Act, or
In the case of a new “established business relationship”, the fax number was provided voluntarily by the recipient or is publicly available in a published directory, advertisement or website to which the recipient gave the fax number for publication.
The fax bill requires that all unsolicited commercial faxes include an opt-out provision on the first page of the fax. The opt-out mechanism will need to be made available 24hours/7 days and at no cost to the consumer. Examples of a cost-free op-out mechanism include an email address to which to reply, a local phone number with message option, and an 800 number with message option. A phone number that is a long-distance or toll call would not meet the bill's requirements. Expect further clarification via rulemaking.
The bill clarifies that verbal permission to fax is an allowed means of granting express permission to fax.
The issue of what constitutes an "advertisement" (does this include newspaper ads, mag ads, , business cards, stationery, etc.?) will need to be clarified by rulemaking.
Despite adoption of this Federal law, state laws on the sending of unsolicited faxes are NOT preempted. Senders must comply with both the Federal law and with any applicable state laws. The Federal law will not allow an unsolicited fax to be sent where doing so is prohibited by state law.