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Managing Risk in Communication & Advertising

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Managing Risk in Communication & Advertising
Any use or reproduction of this material without the express written consent of Joanne O’Brien is strictly prohibited.
All rights reserved.
Jody OBrien
jody@reeducationcompany.com
www.reeducationcompany.com

Do Not Call Registry
OVERVIEW
The general rule is that you are free to make telephone calls soliciting your services or a property, unless the
telephone number that you are calling appears on the Do Not Call list. In addition, you are free to continue
calling persons on your “sphere of influence” list, i.e., “acquaintances”, even if their telephone numbers do
appear on the National Do Not Call list. Also, keep in mind that the Do Not Call laws do not apply to calls to a
consumer’s business telephone number.
Internal list. If the telephone number appears on our internal Do Not Call list, you must first obtain the
recipient’s written permission before you can call that number (we expect that there will be very few
numbers on our internal list).
National list. If the telephone number does not appear on our internal Do Not Call list, but does appear
on the National Do Not Call list, you may still call that number, if (1) the recipient is an “acquaintance”,
or (2) you have an “existing business relationship” (as defined below) with the recipient, or (3) you have
received written permission from the recipient. Persons on your “sphere of influence” list should qualify
as “acquaintances”, i.e., persons who, based on prior contact with you, would know who you are when
you introduce yourself on the call.
SPECIFICS (NATIONAL AND INTERNAL)
A telephone number appearing with a “Do Not Call” message means that you may call that number ONLY
under the following circumstances:
you have an existing business relationship with the individual whose telephone number appears with a Do Not
Call message (meaning you have completed a transaction with the individual within the past 18 months or you
have received an application or inquiry from that individual within the past 3 months) and that individual has
not placed their name on the internal.
OR
you have received that individual’s express, signed, written permission to call them for telemarketing
purposes.
The Registry is available here: https://telemarketing.donotcall.gov/.
SAFE HARBOR
There is a "safe harbor" for inadvertent mistakes. To meet the safe harbor, the entity making the call
must demonstrate that:
-It has written procedures to comply with the do not call requirements
-It trains its personnel in those procedures
-It monitors and enforces compliance with these procedures
-It maintain a company specific list of telephone numbers that it may not call
-It accesses the national registry no more than 31 days prior to calling any consumer and maintains
records documenting this process
-Any call made in violation of the do not call rules was the result of an error

FINES AND PENALTIES
The fine for calling someone whose name appears on the Do-Not-Call Registry is up to $11,000 per call by the
federal government, $500 for a lawsuit by a state attorney general or a consumer.
The FCC provides for a private right of action. Aggrieved consumers can sue if they receive two calls in
violation of the regulations by the same company within a twelve-month period and collect $500 for each
violation.
OFFICE POLICY
See appendix

Do Not Fax Policy
OVERVIEW
1. Sender must have an “established business relationship” with recipient or written consent from recipient prior
to sending unsolicited advertising faxes.
2. Sender must have “voluntarily” received recipient’s fax number.
3. Sender must provide recipient right to opt-out of receiving future unsolicited advertising faxes.
4. Sender must honor opt-outs received from recipients within 30 days of receipt.
These rules require all messages sent via facsimile machines clearly contain the date and time that the message
was sent as well as the identification of the business entity or individual sending the message and the telephone
number of the machine sending the message or of the business entity or individual sending the message. This
information must be contained in a margin either at the top or the bottom of each page transmitted or on the first
page of the transmission. Following the issuing of the rules, an FCC order clarified that the rules also apply to
the sending of faxes to personal computers equipped with, or attached to, modems and to computerized fax
servers.
Opt-out Requirement
All faxes containing unsolicited advertisements must contain an opt-out mechanism to allow the recipient the
ability to opt-out of receiving future advertising faxes from the business. The opt-out must also be included in
advertising faxes even when the sender has the recipient’s written consent to send the fax. The opt-out
requirements are:
(1) Opt-out must be clear and conspicuous in its terms and on the first page of the fax (cover sheet if using one).
(2) Opt-out must state that the recipient has the right to opt-out of future unsolicited advertisements, and that the
sender’s failure to comply with opt-outs within 30 days is unlawful.
(3) Opt-out must provide a domestic telephone and fax number where the recipient can send opt-out request as
well as provide a cost-free mechanism for opting-out, if neither of the first two methods qualifies as a cost-free
mechanism. The opt-out mechanism must be available 24 hours a day, 7 days a week.
SAMPLE OPT OUT
Opt-Out Request: The recipient of this facsimile may make a request to the sender not to send any
further facsimiles. All such opt-out requests should be faxed to 555-123-4567 and the request must
identify the telephone number(s) of the facsimile machine(s) to which the opt-out request applies.
Opt-out requests may be faxed any time, 24 hours a day and 7 days a week. The failure by the
sender to comply with an opt-out request within the time frame to be determined by the FCC is
unlawful.
Opt-Out Request: The recipient of this facsimile may make a request to the sender not to send any
further facsimiles. All such opt-out requests should call 1-800-555-1234 or email me
@myrealestatecompany.com and the request must identify the telephone number(s) of the facsimile

machine(s) to which the opt-out request applies. The failure by the sender to comply with an opt-out
request within the time frame to be determined by the FCC is unlawful
SAMPLE CONSENT
See Appendix
PENALTIES
The penalties for violating the TCPA are $500/fax, with treble damages for willful violations.
Consumers have a private right of action under the law, so the law can be enforced by consumers,
state attorney generals, or the FCC.

Do Not Email/CAN SPAM Act
OVERVIEW
Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM)
Congress created the Act to give recipients the ability to limit the number of unsolicited commercial
electronic mail messages (otherwise known as "spam") they receive. The Act does not prohibit the
sending of these messages, unless the recipient has "opted out" of receiving future electronic mail
messages from the sender. Rather, the Act imposes certain requirements on senders who send
commercial electronic mail messages.
For real estate professionals and REALTOR®
associations, the relevant provisions of the Act require
that all commercial electronic mail messages contain the following: (1) a legitimate return e-mail and
physical postal address; (2) a clear and conspicuous notice of the recipient's opportunity to “opt-out,”
or decline to receive any future messages; (3) opt out mechanism active for at least 30 days after
message transmission; and (4) clear and conspicuous notice that the message is an advertisement or
solicitation.
OPT-OUT PROCESS
The new requirements specify that senders cannot complicate the opt-out process. You can only
require an e-mail address on the opt-out page that visitors get to when they click the “unsubscribe”
link in your e-mail, and you can’t require a user to visit more than one Web page to opt out.
If you require users to log in to an account with a username and/or password to “manage their e-mail
preferences” when all they want to do is unsubscribe, you’re out of compliance. If you have an opt-out
survey or a five-page opt-out process designed to make your customers think twice before opting out,
you are not in compliance with the law. Charging a fee or requiring any information beyond their e-
mail address is now strictly prohibited.
The single-page, single e-mail address form, Web-based opt-out has always been considered a best
practice, and now that level of simplicity is a requirement by the law. Keep in mind that you can,
however, ask for more information on the opt-out page — you just can’t require it.
One thing that did not change is the 10-day opt-out rule. The reality is that spammers do not honor
opt-outs at all while legitimate marketers have not been opportunistic with the 10-business-day
window, so the FTC saw no reason to shorten the time frame.

OFFICE POLICY
Running an effective and ethical bulk-mail list takes a lot of work. You could put together the tools to do this
work for yourself (and such tools are often free or of very low cost), but you might find that you’d be spending
too much time running your list and not enough running your business.
There are several companies that specialize in helping small businesses and institutions run mailing lists or
vendors that can handle not only your marketing electronically but the CAN SPAM requirements as well.
PENALTIES
Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is
subject to laws banning false or misleading advertising.

Calling on Expired Listings
ETHICS
Article 16 is intended to recognize as unethical two basic types of solicitations:
telephone or personal solicitations of property owners who have been identified by a real estate sign,
multiple listing compilation, or other information service as having exclusively listed their property with
another REALTOR®; and mail or other forms of written solicitations of prospects whose properties are
exclusively listed with another REALTOR® when such solicitations are not part of a general mailing
but are directed specifically to property owners identified through compilations of current listings, “for
sale” or “for rent” signs, or other sources of information required by Article 3 and Multiple Listing
Service rules to be made available to other REALTORS® under offers of subagency or cooperation.
Standard of Practice 16-4
REALTORS® shall not solicit a listing which is currently listed exclusively with another broker.
However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date
and nature of such listing; i.e., an exclusive right to sell, an exclusive agency, open listing, or other form
of contractual agreement between the listing broker and the client, the REALTOR® may contact the
owner to secure such information and may discuss the terms upon which the REALTOR® might take a
future listing or, alternatively, may take a listing to become effective upon expiration of any existing
exclusive listing.
“DO NOT CALL” LIMITATIONS
The general rule is that you are free to make telephone calls soliciting your services or a property,
unless the telephone number that you are calling appears on the Do Not Call list. In addition, you are
free to continue calling persons on your “sphere of influence” list, i.e., “acquaintances”, even if their
telephone numbers do appear on the National Do Not Call list. Also, keep in mind that the Do Not Call
laws do not apply to calls to a consumer’s business telephone number.

Advertising
Advertising laws, regulations, Code of Ethics and practices apply to all forms of advertising. In 2018
we can consider the following as forms of real estate advertising:
Print ads,
Web,
Direct mail,
Target marketing,
E-mail and
Social Media
New York
§175.25 Advertising
Pennsylvania
§ 35.305. Business name on advertisements.
New Jersey
SUBCHAP ILR 6. CONDUCT OF BUSINESS
11:5-6.1 Advertising rules
RESPONSIBLE PARTY
New York
§175.25 Advertising
Pennsylvania
§ 35.305. Business name on advertisements.
New Jersey
SUBCHAP ILR 6. CONDUCT OF BUSINESS
11:5-6.1 Advertising rules
FAIR HOUSING
New York
Article 15 Human Rights Law §296 Unlawful discriminatory practices
Pennsylvania
Human Relations Act 43 P.S. § 951 - 963
New Jersey
Fair Housing Act N.J.S.A. 52:27D-301
Discriminatory advertising – no one can make, print or publish discriminatory ads including those who are
exempt.
1. Ads that contain words, phrases, symbols or visuals that indicate a
discriminatory preference or limitation.
2. Ads that selectively use media, human models, logos and locations to indicate an
illegal preference or limitation.
3. Refusal to publish ads because of protected class.

Steering - the illegal practice of directing a member of a protected class towards or away from a
particular area or neighborhood. This practice makes certain homes unavailable to people based on
such things as race, national origin, familial status or any of the federal or state protected classes.
Steering is often subtle and difficult to detect, homeseekers can be unaware that their choices have
been limited. Words, phrases or actions that are intended to influence the choices of a prospective
buyer are discriminatory actions.
Preference implicit or implied.
False denial of availability – indicated through words or conduct limiting information.
Risk Management
o Adherence to standard policy and procedures
o Monitor your action for appearance and effect
o Avoid any false representations
o Good communication
o Never relate ethnic jokes, never use ethnic, racial or other stereotypes, whether the intent is
positive or negative
o Maintain accurate records

Gifts or Inducements
Although not per se unethical, the offering of premiums, prizes, merchandise discounts or other inducements to
list, sell, purchase or lease are subject to the limitations and restrictions of state law and the ethical obligations
established by any applicable Standard of Practice.
Agents
All monies received for the performance of an agent’s duties described by law must come from their employing
broker. All monies paid as a referral fee allowed by law must be paid from a broker to a broker.
Consumers
The offering of prizes or merchandise discounts is not unethical or illegal even if it requires a person to list or
purchase a home. However, law and the NAR Code of Ethics does require that all advertisements clearly state
what the customer must do in order to receive the gift (e.g. Must he/she buy a home that is one of the
REALTORS’ ® listings? Must he/she purchase a home when you are acting as a co-broker on another firm’s
listing?).
Third Party
A former client or an unlicensed third party who assists a broker in the procuring of prospects by referring
customer may not receive some type of valuable consideration (e.g. - gift certificate), since they are neither a
licensee nor a principal to the transaction.

Compliance with Marketing Regulations
in Web Sites
Disclosures
Many disclosures required under state and federal law to made to the consume by the Brokerage or agents in
their “bricks and mortar” world such as their office should be made in their “virtual world” such as their
websites. Such disclosures are:
Fair Housing
Agency
Information Disclaimer
These disclosures can often be in a conspicuous place to the public as links contained in the footer of the
website. In some instances, such as information disclaimers they should be more closely attached to a page on a
website such as the property search page and the property data page.
Agent Website/Broker Identification
Reference state advertising laws above.
Standard of Practice 12-5 Realtors® shall not advertise nor permit any person employed by or affiliated with
them to advertise real estate services or listed property in any medium (e.g., electronically, print, radio,
television, etc.) without disclosing the name of that Realtor’s® in a reasonable and readily apparent manner
either in the advertisement or in electronic advertising via a link to a display with all required disclosures.
(Adopted 11/86, Amended 1/16)  
Privacy Policy
Internet Privacy: Before anyone submits personal information to anyone, on the Internet or elsewhere, they
should be certain that the information will be held in trust and used only in ways that they have authorized.
They should also confirm that their personal information will not be transferred or sold to any third party
without their consent.
If you publish an electronic newsletter (ezine), your subscribers will feel more secure if they know that you will
not forward their names or email addresses to any third party without consent.
Standard of Practice 12-11 Realtors® intending to share or sell consumer information gathered via the Internet
shall disclose that possibility in a reasonable and readily apparent manner. (Adopted 1/07)
On-Line Classifieds
Advertising by any other name is still advertising. On-line classifieds although easy to access, submit data and
at little to no costs are no different than the print advertising the industry has been using for years. Things to
consider when placing an on-line classified.
• Who is on the site?
• What information can you post?
• Is it text only, or is there a multimedia capability?
• How easy is it to find the site?
• Are you addressing the needs of the seller or buyer?
It is also important to remember that all laws and regulation regarding real estate advertising apply.

Compliance with Marketing and
Disclosure Regulations in Email
SIGNATURE FILE
Signature files should be created for all emails. Identification of Broker which includes name, address
and phone number must be included.
Agency Disclosure
STATUTE OF FRAUD
Can online communication be considered a contract in writing? The answer appears to be an
overwhelming yes, coming from the courts. In cases all across the country we are seeing decisions being
handed down that enforce contracts created in writing by the use of emails and texts.

Frequently Asked Questions about Do-Not-Call Registry
NAR has received numerous questions about the Rules, and below is a collection of these questions and
answers. Note that these are not intended to be definitive interpretations of the Rules, but rather are based on
our best understanding of the FCC's actions. If you are unsure of how the Rules will impact your telemarketing
activities, it is recommended that you consult with your attorney before taking any action.
What is the Do-Not-Call Registry and how did it come about?
In December of 2002, the Federal Trade Commission ("FTC") finalized amendments to the Telemarketing Sales
Rule ("TSR"). Key among the changes was the development of a national “Do-Not-Call” registry directed at
stopping most unwanted interstate telemarketing calls to consumers. The new FTC rules provide consumers
with the ability to place their telephone number on the registry. Telemarketers will be prohibited from calling
anyone whose name is on the registry unless they meet certain criteria.
In a separate but similar effort, on June 26, 2003, the FCC announced final amendments to its telemarketing
rules that would, among other things, prohibit intrastate calls to any person on the National Do-Not-Call
registry, in addition to the prohibition against interstate calls established under the FTC rule. This is a
significant change and as a result, all real estate professionals making interstate as well as intrastate calls must
comply with the requirements of the National Do-Not-Call registry, regardless of state law exemptions.
What if my state has a "do not call" rule that provides an exemption for real estate licensees or other real
estate activity exemption? Does the FCC rule still apply to intrastate calls that are permitted under my
state's law?
Yes. The FCC action preempts state law that is less restrictive. A state do not call law that provided an
exemption for real estate licensees would be considered less restrictive and therefore preempted, prohibiting
real estate professionals in that state from making intrastate calls to persons on the Federal list, notwithstanding
the state exemption. It is also important that other exemptions in the state law such as those for existing business
relationships and also calling time restrictions be considered when determining compliance requirements, as
more restrictive state laws will remain in effect.
It is also important to note that some states continue to maintain their own “do-not-call” lists which are not
integrated into the federal list. In those states, real estate professionals who would like to make telephone
solicitations will need to consult both the state and federal lists.
How do I get the list and what does it cost?
Telemarketers will be able to access the registry on September 1, 2003. A telemarketer will receive access to the
database by registering on the FTC's website. Following registration, the telemarketer will receive a unique
account number that they may provide to any telemarketer or service provider that they employ on their behalf.
In a real estate brokerage, real estate brokers can register and provide the account number to their agents. This
will allow agents within the same brokerage the ability to access the registry under the same registration as the
broker. The rules establish a bright line test under which corporate divisions, subsidiaries, and affiliates will be
treated as separately for the purposes of gaining for access to the registry. Entities will be considered separate if:
1) they are separately incorporated or for a non-corporate entity such as a partnership, they are a distinct legal
entity, and 2) they have different names or market their products under different names.
The list will be sorted by area code and telemarketers will be able to obtain the requested area codes from the
FTC. Five area codes will be provided at no charge and additional ones will cost $54.00 per area code, up to a
maximum annual fee of $14,850 for access to the Entire List. These charges will give the telemarketer access to
the area codes they select for one year. Following the conclusion of the year, the telemarketer will need to
renew its subscription for registry, including paying additional subscription fees if it has elected to receive
access to more than five (5) area codes.

The FTC will also maintain an Internet page where telemarketers can look up a single number at a time free of
charge. Telemarketers can look up to ten (10) numbers at a time.
How often does a business have to check the Registry?
Telemarketers are required to check the Registry at least every thirty one (31) days.
When will the “do-not-call” requirements go into effect?
Enforcement of the Do-Not-Call registry requirements will begin October 1, 2003.
Are there any exemptions to the rule?
Yes. There are few exemptions to the new rules. A telemarketer may call the following:
-Consumers with whom the seller has an existing business relationship. This applies to existing clients and
customers and extends for up to 18 months after the end of a transaction. If a consumer makes an inquiry, the
telemarketer can call the person for up to three months after the inquiry.
-Persons who have granted prior express permission to call. This permission must be in writing.
Do the new rules apply to calls made to FSBO’s?
There are two instances when a real estate professional would call a FSBO seller. The first would be a real
estate professional seeking of a FSBO listing, and the second would be a buyer's representative who believes
his/her client might be interested in a FSBO property. A buyer's representative can contact a FSBO owner
whose number is listed in the Do-Not-Call registry about a client's potential interest in the property, as this call
is not a telephone solicitation by the buyer's representative. Note that the buyer's representative can only discuss
his/her client's interest in the property and not use a purported client's interest as a way to also discuss the
possibility of the FSBO owner listing his/her property with the buyer's representative.
However, a real estate professional would be prohibited from initiating a telephone call to a FSBO seller whose
number is listed in the Do-Not-Call registry in an attempt to obtain a listing. The rules prohibit anyone from
making telephone solicitations to telephone numbers that are registered in the database, and a call initiated to
obtain the listing falls within that definition.
Can I still call Expired Listings?
The established business relationship exemption permits the listing agent as well as other agents from the same
company to contact the seller for up to 18 months after the expiration date. For all other agents, the Registry
must be consulted prior to calling. If the seller has placed their number in the Registry, you should refrain from
calling them.
Do the new rules apply to calls made to businesses?
No, the Do-Not-Call Registry is only for residential telephone numbers.
How will these new rules be enforced?
The FTC and FCC are working to develop a Memorandum of Understanding to achieve an efficient
enforcement strategy.
The FCC provides for a private right of action. Aggrieved consumers can sue if they receive two calls in
violation of the regulations by the same company within a twelve month period and collect $500 for each
violation.
A consumer calls my office to inquire about a listing. Can I call this consumer to talk about other listings
over the next three months, or I am limited to only discussing the property which prompted the
consumer's call?

The Rules permit a company to call consumer following an inquiry for three months after the inquiry or until
the consumer requests to be placed on the company's do-not-call list. There is no limit on what the company can
discuss with the consumer during those three months. Thus, other listings could be discussed with the consumer
over the next three months.
A former client calls and tells me a friend of hers would like me to call her to discuss the possibility of her
listing her home with me. Do I have to check the Do-Not-Call registry before making this call?
Yes, you would need to check the Do-Not-Call registry because it is not clear whether this sort of indirect
inquiry would qualify as a "customer inquiry" within the Rules.
Can I call visitors to an open house who provide their phone numbers on a sign-in sheet?
It is not clear whether this would qualify as a customer inquiry is not clear in the Rules. Therefore, the safest
course would be to provide some kind of notice on the sign-in sheet alerting visitors that they are consenting to
receive a follow-up call, such as providing space on the sign-in sheet for visitors to include their name,
telephone number, and a box next to each line allowing the visitors to check "yes" if they would like to receive
a follow-up call.
My company publishes a telephone number with particular listings that interested consumers can call to
receive additional information about the property. When the number is called, the system plays a
recorded message about the home's features. During the call, the system also captures the telephone
number of the caller. Will this type of call be considered an “inquiry” for purposes of the exemption?
The test under the Rules is whether the consumer has a reasonable expectation of receiving a return call.
Therefore, in your recorded message to consumers, your company should create such an expectation by
informing the consumer that they can expect a return phone call. Offering the consumer the ability to opt out of
the return call would be the recommended solution.
What are the fines and are there any safe harbors?
The fine for calling someone whose name appears on the Do-Not-Call Registry is up to $11,000 per call by the
federal government, $500 for a lawsuit by a state attorney general or a consumer.
There is a "safe harbor" for inadvertent mistakes. To meet the safe harbor, the entity making the call must
demonstrate that:
-It has written procedures to comply with the do not call requirements
-It trains its personnel in those procedures
-It monitors and enforces compliance with these procedures
-It maintain a company specific list of telephone numbers that it may not call
-It accesses the national registry no more than 31 days prior to calling any consumer and maintains records
documenting this process
-Any call made in violation of the do not call rules was the result of an error
Copyright NATIONAL ASSOCIATION OF REALTORS®
Headquarters: 430 North Michigan Avenue, Chicago, IL. 60611-4087
DC Office: 500 New Jersey Avenue, NW, Washington, DC 20001-2020
1-800-874-6500

Creating an Office Policy for DNC Rules
Implementation of an office policy to comply with the federal Do Not Call rules ("Rules") and regulations is
necessary for companies to qualify for the rules. Qualifying for the "safe harbor" protects a company from a
lawsuit if the company inadvertently calls a number on the national DNC registry ("Registry"). A company
should create an office policy even if it plans to hire an outside service to assure its compliance with the Rules,
since the safe harbor could still protect your company from lawsuits resulting from a failure of a DNC
compliance service.
Creating a policy will require careful thought by the company and will require more than simply printing out a
form. Consultation with your company's legal counsel during the creation of your company policy is
recommended. Management should consider how it wants to structure a policy that will ensure its firm is in
compliance with the rules as well as create a system which works with the company's business model. This
article will describe each step of the process, and offers suggestions on what issues should be considered.
Please be aware that this entire article addresses the federal Telemarketing rules only. These Rules only preempt
less restrictive state rules, so a company in a state which has rules more restrictive than the federal rules will
need to be aware of those rules because those rules will not be preempted. Compliance with non-preempted
state rules should be included in the brokerage's policy.
A. Strategize DNC Compliance Plan
The first step for your company is to consider your options and develop a policy that best fits your company's
needs. Before embarking on this step, you should be familiar with the Rules and their requirements. Initial
issues to consider:
- Who will have responsibility for accessing the Registry? Is your company going to hire a third party for
Registry access or for other compliance services?
- In which area codes does your company make telemarketing calls?
- What process for compliance best suits your company's business model? How do you want to involve the
salespeople/employees in the compliance process?
- Who will train salespeople/employees about how to comply with the Rules and the company's policies?
- Who will be in charge of administering the company-specific do not call list?
- What would be the best communication mechanism between the company and its salespeople/employees for
compliance information with the Rules? Are the company's salespeople/employees centrally located or do they
work from a variety of different locations? If the salespeople/employees do not work in a central location, then
your policy will need to make sure the salespeople/employees can access this information from other locations.
Once your company has developed its basic compliance strategy, it can begin the process of drafting its written
Do Not Call Compliance policy ("Policy"). The five elements of a Rules compliance plan that satisfies the safe
harbor requirements are the following:
(A) Written procedures to comply with the Rules;
(B) Training personnel to comply with the procedures established to comply with the Rules;
(C) Maintaining a list of telephone numbers the firm may not call (the "company-specific list");
(D) Use of a process to prevent telephone solicitations of numbers on the DNC list, using a version of the list
not more than 31 days old and maintaining records documenting the process;
(E) Use of a process to ensure that the firm does not sell, rent, lease, purchase or use the DNC list for any
purpose other than compliance with the Rules, including acquiring the list from the FTC and not participating in
any effort to share the costs of obtaining the list with others.

What follows are the various elements that a Policy which satisfies these requirements must contain.
B. Registry Access
The Policy should describe how the company will purchase access to the Registry and comply with the Rules.
Registration is required even if your company uses a DNC compliance service.
The Policy should state your company has access to the Registry for the appropriate area codes. The Registry is
organized in a way that is designed to provide flexibility to users. The phone numbers in the Registry are
organized by area code, and they can be either downloaded from the Registry site or obtained through an
interactive search feature on the Registry site. When a company creates a Registry account, it receives two
passwords: one for the "Authorized Representative", one for the "Downloader". The Downloader password only
allows access to the area codes which the "Authorized Representative" has selected.
The policy should describe how the company will provide Registry access to its salespeople/employees. Here
are three options available:
1. Distribute the Downloader password to all individuals who make telemarketing calls, and require them to
check the numbers against the Registry via the interactive search.
2. Designate one individual or group as responsible ("DNC Compliance Specialist") for providing a clean list
to all who make telemarketing calls.
3. Designate a DNC Compliance Specialist to periodically download all area codes to which the company
subscribes from the Registry and to make those area codes available to everyone who makes telemarketing
calls. A company selecting this option could accomplish this in a number of different ways, from downloading
the area code lists in Word Pad and distributing them electronically (i.e., via email) to creating its own
interactive search feature on its company intranet site for its salespeople/employees to use for searching
numbers.
Your plan should also set forth how often the Registry will be accessed. This will depend on your company's
compliance strategy. If, for example, you determine that agents must check every number to be called against
the Registry via the interactive Registry search, your policy should state "All numbers not otherwise qualifying
for one of the specific exceptions shall be checked via the Registry's Interactive search feature no more than 24
hours prior to making the call." Or, if you intend to provide a list or searchable database for use by agents, your
policy must provide that you update the database at least every three months, as required by the Rules.
D. Company Specific Do Not Call List
A company needs to have a process in place for creating and monitoring a list of numbers of individuals who
requested not to receive any further phone calls from your company. A request to be placed on such a
"company-specific do not call list" must be honored for up to five years and supercedes any exception that
would otherwise allow a company to call a consumer. The Policy must address the process for creating the
company-specific do not call list, such as by one individual being assigned the responsibility for maintaining the
list, and implementing a centralized system where the DNC numbers will be available for access. Regardless of
the company's Policy, it must make sure all of its salespeople/employees know what to do when they receive a
consumer request to be placed on the company-specific do not call list and also that all salespeople/employees
have access to and know to check the company-specific do not call list prior to making any telemarketing phone
calls.
E. Company Policy for Telephone Conduct & Training

A company is also required to provide training to its salespeople/employees on how to comply with the Rules.
The Policy should describe the training process. Training should take place prior to any telemarketing. As part
of the training , it is recommended that brokers obtain a signed acknowledgement that the employee has taken
the training and received a copy of the company's procedures for appropriate telephone conduct. The procedures
the company gives to its salespeople/employees should include the following:
- Information on what the Rules require. NAR's "Do Not Call/Do Not Fax Toolkit" collects a variety of
resources on this topic.
- Procedures agents must follow prior to making telemarketing calls. These steps will depend on how your
company requires salespeople/employees to comply with the Rules. Some firms may provide them with "clean"
numbers (that is numbers which are not on the Registry or qualify for one of the exceptions). Other firms may
require salespeople to check the numbers on their own, in which case the policy needs to list the steps that must
be followed to check phone numbers before calling. These might include checking the number to see if any
exceptions (written permission, "Existing Business Relationship", personal relationship with recipient, response
to an inquiry) allow calls to consumer; if not, then check the Registry
- The times of day/night when calls can be made. The Rules permit calls to be made only from 8am-9pm (local
time where call is going to be received) although some state laws shorten this time frame (it is permissible in
every state to allow solicitations between 10 am- 8 pm, Monday-Saturday, local time)
- Allow phone to ring for the longer of four rings or fifteen seconds before hanging up
- Compliance with the Rules' provisions on facsimile transmissions. While the FCC is currently reconsidering
its proposed ban on commercial facsimile transmissions without prior written permission, note that unsolicited
commercial facsimile transmissions remain illegal.
- Prohibiting use of autodialers or prerecorded messages
- Prohibiting the blocking of caller identification services
- Maintaining a company specific "do not call" list (see above)
- What telemarketers need to say during every call (name, company name, and have contact information
available)
- Maintaining confidentiality of any lists downloaded from the Registry
- Specifying unacceptable conduct during a call (examples: repeatedly calling the same number; allowing phone
to ring numerous times; abusive tactics such as threats or obscene language; or hanging up when consumer
begins to request placement on company's do-not-call list).
F. Conclusion
Creating an office policy is a necessary step for a company to qualify for the safe harbor provision contained in
the Rules, which will allow the company to avoid liability for inadvertent calls made to numbers listed in the
Registry. Since there are many different ways a company could choose to create its policy, there is no simple
"one size fits all" policy. Rather, a company first needs to think through each step of the compliance process and
then create its own policy to meet its company's needs and business model.

SAMPLE
XYZ Brokerage Firm
Do Not Call Compliance Policy
(Note: These procedures must be tailored to the specific policies, methods and practices that a real estate firm
intends to implement to insure that all personnel comply with the Federal Do Not Call telemarketing rules.
Other provisions may be added, as necessary to insure compliance with other do not call requirements of state
law.)
In order to comply with the requirements of the Federal Do Not Call telemarketing rules (“Rules”), all
telemarketing by brokers and agents of XYZ Brokerage shall comply with the following:
1.Written procedures to comply with the DNC Rules:
………………………………………………
2. Training XYZ Brokerage Personnel:
………………………………………………
3. Establishing and maintaining the “company-specific” Do Not Call list:
a. If an agent telephones an individual who requests not to receive future telephone calls, the agent will record
the name of the person called, the telephone number called, and the date and time of the call. The agent will
report that information via written memorandum or email, to _____________
b. ______________ has the responsibility to maintain the “XYZ Brokerage–specific” do not call list. Within
___ hours or receiving a new name/telephone number, he/she will add such individual’s name and telephone
number to the list.
c. The XYZ Brokerage–specific do not call list will be maintained (location) and accessible by (how)
4. Processes to prevent telephone solicitations of numbers on the DNC list:
………………………………………………
5. Process to ensure that the firm use the DNC Registry for purpose of compliance with the Rules only:
Copyright NATIONAL ASSOCIATION OF REALTORS®
Headquarters: 430 North Michigan Avenue, Chicago, IL. 60611-4087
DC Office: 500 New Jersey Avenue, NW, Washington, DC 20001-2020
1-800-874-6500
Facsimile Consent Form
Name: ______________________________________________Fax Number: ( )
I hereby consent to receive fax transmissions sent from [insert local/state/National Association of REALTORSÒ
or real estate firm name] to my fax number(s) set forth above.
Signature: _______________________________
Date: _______________________________

Web Sites
Fair Housing
www.hud.gov/offices/fheo/index.cfm
Environmental
http://vnrc.org/
www.epa.gov
Policy
www.realtor.org/eomag.nsf/pages/legalsp09
www.realtor.org
Laws
New Jersey
https://www.njrealtor.com/uploads/legal/REC_Statute_Rules.pdf
Pennsylvania
https://www.njrealtor.com/uploads/legal/REC_Statute_Rules.pdf
New York
https://www.dos.ny.gov/licensing/lawbooks/RE-Law.pdf

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