The Federal Trade Commission (FTC) established a National Do Not Call Registry to help protect the privacy of consumers who wish to eliminate annoying calls from telemarketers. The registry laws do not restrict all types of telemarketer calls, but they do affect unsolicited calls made by real estate agents. Agents who violate “do not call” laws are subject to hefty fines.

Your real estate firm can register for access to the National Do Not Call Registry on the FTC's Web site. Agents can then use the firm's account number and password to view the list in order to determine whom they cannot call.

Some states maintain their own “do not call” lists. You will find that many consumers place their name on one list but not the other, so you should always check both state and federal lists before making an unsolicited call. There are exceptions to the “do not call” rules:

• You may call existing customers and customers you have dealt with during the past eighteen months.

• You can make return calls to people who call you, and you can contact those consumers for three months after the initial call.

• You are allowed to call consumers who have granted you written permission to do so.

Calling FSBo and Expired Listings

You cannot call a “for sale by owner” seller whose name is on the list if you are calling to solicit your services as a real estate listing agent. You can call the seller if you are a buyer's agent working with a client who you think would have an interest in the property. Your conversation with the seller should revolve only around your buyers and their needs and should not turn into a discussion about your capabilities as a listing agent.

You may also call consumers who previously listed with you, or someone else in your office, for eighteen months after their listing expiration date.

Open House Visitors and Referrals

Agents always ask for contact information from guests who visit their open houses. Insert a “yes” check box next to the phone number column that, when checked, authorizes you to make a follow-up call to the individual. Place a statement on each page that makes it clear that visitors who sign the list are authorizing a call.

Because referrals make up a large share of an agent's business, you definitely want to encourage your clients to send their friends and family to you when they need real estate services, but a phone number passed on to you by a client could belong to someone who is on the “do not call” list. If you don't want to call, get the contact's address and send an introductory letter, asking them to call you and explaining why you cannot call them. If time is a factor, ask your former client to have the new prospect contact you.

Calls Made in Error

The FTC's guidelines prevent you from being fined if you make a call in error to someone on the list. If you are a member of the National Association of Realtors®, you can refer to their Web site at www.realtor.org for the most current rules.