Real Estate Agents/Solicitors
State Telemarketing Registration and “Do-Not-Call” List
Requirements Applied to Calls Made by Real Estate Agents/Solicitors
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State
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Exempt from Registration Requirements?
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Exempt from “Do-Not-Call” List Requirements?
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Alabama
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Yes, calls by a person soliciting without the intent to complete,
and who does not complete the sales presentation until a later
face-to-face meeting are exempt. Ala. Code § 8-19A-4(3).
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Yes, calls by a person soliciting without the intent to complete,
and who does not complete the sales presentation until a later
face-to-face meeting are exempt. Ala. Code § 8-19A-4(3).
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Alaska
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N/A
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No.
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Arizona
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Yes, calls by a person soliciting without the intent to complete,
and who does not complete the sales presentation until a later
face-to-face meeting are subject to only limited registration requirements.
Ariz. Stat. § 44-1273(A)(3).
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No.
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Arkansas
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Yes*, calls by a person soliciting without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. Ark. Code § 4-99-103(9)(C)(v)(a).
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Yes, calls by any person who is a real estate licensee, who is
a resident of the State of Arkansas and whose telephone call to
the consumer is for the sole purpose of selling, exchanging, purchasing,
renting, listing for sale or rent, or leasing real estate in accordance
with the provisions for which he or she was licensed and not in
conjunction with any other offer are exempt. Ark. Code § 4-99-406(1).
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California
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Yes*, calls by a person licensed under real estate provisions
are exempt. Cal. Bus. & Prof. Code § 17511.1(e)(2).
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No.
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Colorado
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Yes, calls by a person or an affiliate of a person whose business
is regulated by the real estate commission are exempt. Colo. Stat. § 6-1-302(1)(l).
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No.
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Connecticut
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N/A
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No.
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Delaware
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Yes, calls by a person subject to and licensed by the Delaware
Real Estate Commission acting within the scope of his, her or its
active and valid license. 6 Del. Code § 2505A(6).
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N/A
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D.C.
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Yes, calls by a person who is a licensed real estate broker within
the scope of the broker's license. D.C. Code § 32-3226.05(a)(14).
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N/A
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Florida
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Yes, calls by a person who is a licensed real estate salesperson
or broker pursuant to chapter 475 and who is soliciting within
the scope of the chapter. Fla. Stat. § 501.604(25).
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No.
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Georgia
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N/A
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No.
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Hawaii
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N/A
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N/A
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Idaho
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Yes, calls by a person whose business is licensed by any federal
or state of Idaho governmental agency, except the secretary of
state office, which has the power to revoke any license issued
by the agency are exempt. Idaho Code 48-
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No.
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Illinois
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N/A |
Yes, calls by or on behalf of an individual licensed
under the Real Estate License Act are exempt if: (1) setting or
attempting to set a face to face appointment for actions relating
to that individual's real estate or insurance business; or (B)
encouraging or attempting to encourage the purchase or rental of,
or investment in, property, goods, or services, which cannot be
completed, and for which payment or authorization of payment is
not required, until after a written or electronic agreement is
signed by the residential subscriber. 815 ILCS § 402/5(e)(5).
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Indiana
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No*
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No.
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N/A |
No. |
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Kentucky
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No.
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No.
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Louisiana
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Yes, calls by a person who is licensed under Louisiana real estate
law are exempt. La. Stat. § 45:822(B)(2).
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No.
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Maine
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No.
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No.
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Maryland
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N/A
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N/A
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N/A |
Yes, calls by a person who solicits without the intent
to complete, and who does not complete, the sales presentation
until a later face-to-face meeting are exempt. Mass. Laws ch. 159C § 1. |
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Michigan
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N/A
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. Mich. Laws § 445.111(1)(m)(3)
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Minnesota
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N/A
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. Minn. Stat. § 325E.311(6)(4).
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Mississippi
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. Miss. Stat. § 77-3-609(c).
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Yes, 2 exemptions apply:
1. A person who is a licensed real estate
broker who is a resident of the State, and whose call is for the
sole purpose of selling, exchanging, purchasing, renting, listing
for sale or rent or leasing real estate in connection with his
real estate license and not in conjunction with any other offer.
Miss. Stat. § 77-3-711(b).
2. Calls by a person who solicits
without the intent to complete, and who does not complete, the
sales presentation until a later face-to-face meeting. Id. at § 77-3-711(a).
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Missouri
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N/A
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Yes, calls by a person licensed by the state to carry out a trade,
occupation or profession who is setting or attempting to set an
appointment for actions relating to that licensed trade, occupation
or profession within the state or counties contiguous to the state
are exempt. Mo. Stat. § 407.1095(3)(e).
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Montana
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Yes, calls are exempt that are made by a person licensed as a
real estate salesperson or broker by the state. Mont. Code § 30-14-1405(12).
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Yes, calls made by a person licensed by the state of Montana to
carry out a trade, occupation, or profession who is setting or
attempting to set an appointment for actions relating to that licensed
trade, occupation, or profession within the state are exempt. Mont.
Code § 30-14-1601(f).
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Nebraska
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N/A
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N/A
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Nevada
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Yes*, calls by a licensed seller of real estate are exempt. Nev.
Stat. § 599B.010(b)(11)(b).
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No.
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New Hampshire
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N/A
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No.
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New Jersey
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N/A
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No.
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New Mexico
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N/A
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No.
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New York
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Yes, calls by a person engaged in a business or occupation which
is licensed, registered, chartered, certified or incorporated with
or by any state or federal agency are exempt. N.Y. Gen. Bus. Code § 399-pp(10)(a)(5).
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Yes, calls in which the sale of goods and services is not completed,
until after a face-to-face sales presentation by the telemarketer
are exempt. N.Y. Gen. Bus. Code § 399-z(1)(j)(4).
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North Carolina
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Yes, calls by a person holding a real estate broker's or sales
agent's license are exempt. N.C. Stat. § 66-260(11)(k).
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. N.C. Stat. 75-103(a)(5).
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North Dakota
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N/A
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. N.D. Stat. § 51-26-01(7)(e).
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Ohio
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Yes, calls by a person that is a licensed real estate salesperson
or broker are exempt. Ohio Stat. § 4719.01(B)(21).
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N/A
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Oklahoma
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Yes, calls by a person or an affiliate of a person whose business
is regulated by the Oklahoma Real Estate Commission are exempt.
15 Okla. Stat. § 775A.2(1)(k).
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. 15 Okla. Stat. § 775B.2(6).
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Oregon
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Yes*, calls by a person who is licensed as a real estate agent
are exempt. Oreg. Stat. § 646.551(2)(b).
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No.
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Pennsylvania
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Yes, calls by a person or business engaged in a business or occupation
which is licensed by, certificated by or registered with a Pennsylvania
agency while acting within the scope of the business for which
licensure, certification or registration are exempt. 73 Pa. Stat. § 2242(5).
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No.
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Rhode Island
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Yes*, calls by licensed real estate brokers are exempt. R.I. Gen.
Stat. § 5-61-2(10)(ii).
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N/A
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South Carolina
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N/A
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N/A
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South Dakota
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N/A
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Yes, calls to any person for the purpose of scheduling a later
face-to-face meeting which will take place at the solicitor's place
of business or the consumer's home, which are not made by an automated
telephone dialing system are exempt. S.D. Stat. § 49-31-1(32)(d).
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Tennessee
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N/A
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No.
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Texas
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Yes, calls by a person who solicits without the intent to complete,
and who does not complete, the sales presentation until a later
face-to-face meeting are exempt. Tex. Bus. & Com. Code § 38.059(1).
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Yes, calls by a state licensee are exempt if: (A) not made by
an automated dialing system; (B) the sale is not completed until
a face-to-face sales presentation by the seller and the consumer
is not required to pay until after the presentation; and(C) the
consumer has not informed the telemarketer that he or she does
not wish to receive calls.Tex. Bus. & Com. Code § 44.005(b)(5).
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Utah
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Calls by a broker, agent, dealer, or sales professional licensed
under the licensure laws of this state, when soliciting sales within
the scope of his license, are exempt. Utah Code § 13-26-4(2)(j).
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Yes, calls by a person that holds a license or registration issued
by the Division of Real Estate are exempt. Utah. Code § 13-25a-111(2).
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Vermont
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Calls by a person registered or licensed with, or regulated or
chartered by, the secretary of state (which licenses real estate
brokers and salespersons) are exempt. 9 Vt. Stat. § 2464a(a)(5).
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No.
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Virginia
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N/A
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N/A
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Washington
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Yes, calls by a person who is licensed as a real estate broker
by the state are exempt. Wash. Code 19.158.020(3)(f).
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N/A
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West Virginia
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Yes, calls by a person who is licensed by the state as a real
estate broker, associate broker, or real estate salesperson are
exempt. W. Va. Code § 46A-6F-216.
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N/A
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Wisconsin
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N/A
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No.
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Wyoming
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No, but only a brief registration statement is required.
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No.
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