Laws in a Nutshell: Do-Not-Call E-mail

Laws: The Telephone Consumer Protection Act of 1991 and related Federal Trade Commission regulations, The CAN-SPAM Act

Major provisions:

  • Prohibits businesses-other than charities, pollsters, and political organizations-from calling individuals whose names appear on the National Do Not Call Registry.
  • Allows calls to existing customers (those with whom you've done business in the last 18 months). Lists used for calling must be updated monthly.
  • Allows you to call FSBOs only if you have a buyer for their homes but doesn't allow you to solicit FSBOs for a listing.
  • Provides a safe harbor from prosecution for inadvertently calling someone on the do-not-call list if your company has written procedures on calling, provides training on do-not-call regulations, has accessed the national registry within the last three months, and maintains a company-specific list of numbers not to call.
  • Allows real estate practitioners to send out commercial e-mail soliciting business if the e-mail is clearly labeled as a solicitation for business and allows recipients to opt out of future mailings.

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