Real Estate Marketing in the "Do Not Call" Era

Real estate marketing often involves making phone calls to prospective clients. There's no way around it. But to keep yourself out of trouble -- and out of court -- you need to understand the basics of the National Do Not Call Registry.

The registry gives consumers the option of not receiving phone calls from telemarketers. Now, you might not think of yourself as a telemarketer. But by the FTC's definition, if you call a prospective client (with whom you have no existing business relationship) to offer your services ... you're a telemarketer.

How Many People Are Signed Up?

Actually, most of them! In fact, according to a recent poll conducted by the research firm Harris Interactive, about three-quarters of U.S. adults (76 percent) have signed up for the Do Not Call Registry.

When Does the Law Apply?

You have to be able to make phone calls to conduct business, and the government knows this. So follow-up phone calls are certainly allowed (and encouraged). The registry is not intended to prevent follow-up phone calls to people who have contacted you first, nor is it intended to prevent regular phone calls to existing clients.

It's those unsolicited cold calls that the legislation prevents.

Other Key Points

The purpose of this article is not to scare you into a "no phone calls, ever" state of mind. On the contrary, making phone calls is part of your business. So don't be afraid ... just be educated:

As of last year (January 1, 2005, to be exact), telemarketers and sellers are required to search the registry at least once every 31 days and drop from their call lists the phone numbers of consumers who have registered.

If a consumer makes an inquiry or submits an application to a company, the company can call for three months (unless the consumer makes a specific request that you do not call them).

In other words, if somebody calls or emails you to request information of any kind, you may call them as needed (even if they are registered on the Do Not Call list). But if they request that you do not call them, you must honor that request.

A company that has an established business relationship with a person may call that person for up to 18 months after the consumer