Updates to the Do Not Call Law: What Realtors® Need to Know

Changes to House Bill 318, which impacts the Telemarketer Registration Act, the state law that governs the Do Not Call list, went into effect earlier this month.

What has changed and what do you need to know for your real estate business?

Updates

• Businesses can now register for the Do Not Call list. The law previously covered only residential landlines and wireless numbers, but now business numbers will have the same protections.
• Registration is now permanent, until the owner of the phone number either removes it or the phone number is no longer valid for the subscriber. Prior to the change, registration only lasted for five years. This change brings the law more in line with the national laws. Those who are currently registered will not need to re-register, but will automatically be placed on the list permanently.
• Telemarketers may not call on legal holidays.
• Robocallers must give an “opt-out” option. The bill defines “robocalls” and additional requirements for such callers, including a new opt-out mechanism.  This opt-out availability must be offered at the beginning of the call and must either be an “interactive voice-activated or key-press-activated opt-out mechanism.”  If a voicemail is left it must include a toll-free number to allow the person to call back and be able to opt out at that time.

You can register your personal phone number or a business phone number, check your registration or report a violation through the office of the Attorney General.

Remember that if you do any sort of phone-based marketing such as cold calling, or even just placing calls to follow up on possible leads, your actions probably make you a “telemarketer” and are covered by both state and federal law. More information on basic compliance issues can be found at the office of the Attorney General, including a Do Not Call verification page where you can confirm whether a number is on the list.  You can find the federal information at the Federal Trade Commission, including a helpful Q&A.