Wednesday, August 13, 2008

The End of Telemarketers?

Like many businesses, the real estate profession continues to be impacted on a variety of fronts thus creating the need to look at alternate ways in terms of how we as REALTORS® conduct ourselves in the day-to-day activities of marketing and selling properties. Technology, changing consumer/economic trends and government legislation, have all contributed in recent years to alter the role of REALTORS® and way in which the real estate profession operates.
Coming this fall is the “National Do-Not-Call List. Commencing September 30, 2008 consumers will have an effective new tool with which to wage war against the dreaded forces of telemarketers. With this new legislation, telemarketers will not be permitted to call any consumer(s) whose number is listed on the national Do-Not-Call List (DNCL). Real estate brokers and salespersons ie: REALTORS® making unsolicited telephone contact are deemed as being “telemarketers” within the meaning of this legislation. This does not however preclude a REALTOR® from contacting consumers via other means such as direct mail. If a consumer, including “for sale by owners” places their telephone number on the DNCL then REALTORS® are not permitted to telephone or fax those persons. The main exceptions to this rule are calls to consumers who have given consent to be contacted. The Privacy Act already made it illegal for REALTORS® to contact the owners of properties for which the listing had expired and listing documents were subsequently changed to allow consumers to give their written consent to such contact. Further, the DNCL does not affect calls to a consumer with whom the REALTOR® has an existing business relationship nor does it pertain to calls made to a business telephone number.
REALTORS® are consumers as well and we too fall victim to the dinner hour calls by telemarketers selling all manner of goods and or services. The Do-Not-Call List is long overdue and like many of the other legislative changes that have impacted our profession in recent years is just one more requirement that will continue to change the face of organized real estate.

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