Note: These answers are guidelines and not a substitute for legal counsel. For legal advice on do-not-call laws, contact your legal counsel.

1. What are the do-not-call laws -- and how do I know if they apply to my business?
   
   The federal government and many states have passed laws that place restrictions on calls made to residential phone numbers if the purpose of the call is to sell a product or service.
   
   On the federal level, two laws are involved: the Telephone Sales Rule (TSR), administered by the Federal Trade Commission (FTC), and the Telephone Consumer Protection Act (TCPA), administered by the Federal Communications Commission (FCC). Consumers may ask to have their phone number placed on the national do-not-call list. Phone numbers remain on the national do-not-call list for five years.
   
   Between the FTC and the FCC, nearly all industries must abide by these do-not-call laws if they call consumers' homes to sell a product or service. There are some exemptions. (See question #8.) Fines for calling a phone number registered on the do-not-call list run as high as $11,000 per phone call.
   
   
2. I'm a Realtor® -- not a telemarketer. Why do these laws apply to me?
   
   The FTC and FCC use "telemarketer" as a generic term for any business call to residential homes if the goal is to sell a product or service -- and Realtors fall under that broad definition.
   
   
3. As a Broker, what must my company do to comply with the do-not-call laws?
   
   Under federal law, if you make telemarketing calls, you must register your business with the National Do Not Call Registry. And if asked about your efforts to comply at a later date by the FTC or FCC, your company must be able to demonstrate that it made an honest effort not to call phone numbers on the do-not-call list. By following the rules outlined in federal law, you will have "safe harbor," the federal government's term for compliance. "Safe harbor" won't shield you completely from prosecution, but it does offer a measure of protection if you're questioned.
   
   
4. What must I do to achieve "safe harbor"?
   
   The rules say your company must demonstrate that it performs the following as part of its routine business practices:
   
   • Establish and implement written procedures on how it complies with the do-not-call laws
   • Train personnel in the procedures
   • Maintain a company-specific do-not-call list (If a consumer asks any associate not to call again, that phone number must be placed on an internal do-not-call list that's accessible to
     all associates.)
   • Regularly download the national list for phone numbers recently added
   • Monitor and enforce compliance with company do-not-call procedures
     
     
5. Does the WRAR-sponsored DNCQuickcheck™ product take care of all compliance details
   for me?
   
   DNCQuickcheck helps brokers and associates follow all federal rules allowed by law. However, DNCQuickcheck cannot do some tasks. Companies must still register directly with the federal government's Do-Not-Call Registry, for example (http://telemarketing.donotcall.gov). Companies such as PossibleNOW, the provider of DNCQuickcheck, cannot legally do that. However, products such as DNCQuickcheck may manage the list, offer training and provide other compliance-related tasks after the initial registration.
   
   
6. Does it cost anything to register with the federal government?
   
   You may register for up to five area codes free of charge. Beyond that, however, it costs $56 for access to each additional area code. Once registered, the FTC will issue a subscription account number (SAN). DNCQuickcheck then uses your SAN to access the area codes your company has obtained permission to access. For more information on obtaining a SAN, go to http://www.dncquickcheck.com/supplier/wrar and click on "How to Get a SAN."
   
   
7. It seems like a lot of work. Can I just hire a private telemarketing firm to do the calling for me and relieve me of any legal or financial responsibility?
   
   Even if you hire a telemarketing firm to make calls on your behalf, you must still first register directly for the national do-not-call list since the telemarketing company uses your SAN to download the numbers you're allowed to call. In addition, both telemarketers and sellers (which includes brokers who are viewed as selling their real estate services over the phone) are responsible for complying with state and federal laws, so your company may be held responsible for phone calls to numbers on the list even if made by a private telemarketing firm.
   
   
8. Can I safely call my recent or existing customers?
   
   It's safe to call any phone number that does not appear on a national, state or internal company do-not-call list. If a phone number does appear on the national list, you may sometimes call them anyway. The FTC and FCC have created an exemption know as the Established Business Relationship (EBR).
   
   
9. What is an Established Business Relationship (EBR)?
   
   The definition can vary by state, but North Carolina law mirrors the federal government's law. You are considered to have an EBR with a consumer for up to 18 months following a transaction, or up to three months following an inquiry. You may call such consumers at home during that period even if their number appears on a state or federal do-not-call list, with one important exception: An EBR is effectively cancelled with any consumer who specifically asks your company not to call them again. In this case, the consumer should be placed on your internal do-not-call list, regardless of their business history with your company.
   
   
10. Are there any other exemptions?
    
    DNCQuickcheck archives all of your Do Not Call compliance activities so that you have a complete You may also call someone -- even if his or her name appears on a do-not-call list -- if you have written permission on file. The document should include the person’s name, phone number and signature, along with a line that they are allowing or inviting you to call them.
    
    
11. Can I call a FSBO or expired listing if that phone number is on the national do-not-call list?
    
    In most cases you cannot. You may call a FSBO only if you're calling on behalf of a specific buyer who is interested in purchasing the property. You may not call a FSBO with the intention of offering your services to list the property or solicit business, including calls made for a legitimate purpose that, at the end, include a request for the listing. Expired listings cannot be called if the phone number resides on a state, national or internal do-not-call list.
    
    
12. Can I call a referral if that phone number is on the national do-not-call list?
    
    No. Calls to referrals are considered telemarketing calls and regulated by state and federal do-not-call laws. Referrals present an opportunity to use the written permission exemption in the law. For example, if you're affiliated with a referral or relocation network, ask the network to obtain written consent from the consumer and provide that consent to you. Without written permission, you're faced with the potentially costly requirement of having to purchase an area code you don’t normally farm just to check a single number.
    
    
13. Are calls to set up face-to-face meetings to discuss my product or service exempt from the do-not-call laws?
    
    No. Any call to a do-not-call number is considered a violation unless you have express written consent from the consumer or otherwise qualify for exemption.
    
    
14. Most Realtors are independent contractors. Should these Realtors register independently with the federal government for the do-not-call list, or can the broker register on behalf of all associates?
    
    In most cases, the broker is responsible for registration -- and bears ultimate legal responsibility for compliance -- as outlined under federal law, though individual Realtors may register and should consider doing so if the broker chooses not to participate.
    
    
15. When applying for a SAN from the FTC, I'm asked for my organization's name. How do I fill this out if I'm registering as an individual?
    
    An individual can register using his or her own name as the "Organization Name." Use your Social Security number (SSN) if you don't have an Employer Identification Number (EIN).
    
    
16. If an office chooses to register for the national do-not-call list and receives five free area codes, may each associate also register and receive five different area codes?
    
    It depends. There is a single account at the broker level. If an individual associate does register and get a personal SAN that includes five free area codes, only that associate may use those area codes since only their name is registered.
    
    

FAQs: DNCQuickcheck

1. WRAR offers DNCQuickcheck as a free compliance tool for an individual Realtor or office (after a one-time $50 setup fee for an office). Does it matter which option I choose?
   
   In general, it's better for a broker to sign up because the broker (even 100 percent brokers or those who have said "no telemarketing") is ultimately responsible for compliance, according to the federal government. In addition, some of the provisions for "safe harbor" can only be done office-wide, such as establishing an internal do-not-call list, so one associate does not call a home that has already informed another associate they no longer wish to be contacted. With that said, however, an individual associate should sign up if their office chooses not to participate.
   
   
2. How does DNCQuickcheck help me if I receive an unwarranted citation claiming I called phone numbers on the do-not-call list?
   
   DNCQuickcheck explains what you need to do for compliance, offers a simple way to comply, and then proves you've followed the rules later should the federal government question your phone calls.
   
   
3. Other than registering for a SAN, is there anything DNCQuickcheck does not do?
   
   If you have an EBR with a client (established business relationship) that allows you to call them even if their name is on a do-not-call list, DNCQuickcheck does not automatically apply this exemption. You must keep a separate record of EBRs.
   

For technical questions, you may call Customer Support at 800-585-4888.