7.31 Telephone Solicitation Policy - Do Not Call Compliance

It is the policy of the Company to comply with federal and state telemarketing rules regulating the telephone solicitation activities of its agents and employees. A “telephone solicitation” is a telephone call or message to any residential telephone subscriber “…for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services…” Calls attempting to obtain a listing from a FSBO seller or a seller whose listing with another company has expired are covered under this definition. All agents and employees of the Company are required to comply with this policy.

It is your responsibility to adhere to the “do not call” policy and you will be solely responsible for any violation, including any fines, penalties, damages recovered, settlements or attorney’s fees and costs.

1. Before Soliciting Business by Telephone

It is the responsibility of the Agent/Loan Officer to confirm that the number is not listed on the “Do No Call” Registry

Federal “Do Not Call” Registry

You must first obtain access to the current Federal “Do Not Call” Registry. The Registry is available online at https://telemarketing.donotcall.gov (opens in a new tab). You may look up telephone numbers via an interactive phone number search. The search will return “Registered” or “Not Registered”.

If a number comes back “Registered,” you may NOT call the number UNLESS:

One of the exceptions set forth in Section 2 below applies AND
The number does not appear on the Company “Do Not Call” list (see 1.B. below).
If a number comes back “Not Registered”, you may call the number UNLESS it appears on the Company “Do Not Call” list (see 1.b. below).

Company “Do Not Call” List

The Company is required to maintain its own list of persons who have specifically requested that the Company or its sales associates not call them. Ask the office manager or broker-in-charge for a current copy of the list. You may NOT under any circumstances call any number appearing on the Company list, even if one of the exceptions set forth in Section 2 below applies.

c. Document the date and time that you checked the Lists to help prove your attempt to comply with telemarketing laws.

d. You may only use the Lists for the purposes set forth in this policy, and you may not provide access to or copies of any of the Lists to anybody outside the Company.

Agents and employees of the Company should always be working from an up-to-date version of the Company list, which may not be more than 30 days old. The names of persons who have requested that the Company or its sales associates not call them must be added to the Company DNC List as soon as possible and in no event more than 30 days from the date of the request. A do-not-call request must be honored for five years from the date the request is made.

**2. Exceptions

**You may place a telephone solicitation to a number listed on the Federal “Do Not Call” Registry in certain instances UNLESS the number also appears on the Company “Do Not Call” list. The exceptions are as follows:

You may call a FSBO seller on behalf of a buyer, customer, or client who has interest in the property.
You may NOT call a FSBO seller in an attempt to obtain a listing or to otherwise attempt to “sell” your services as a real estate professional.
You may call persons with whom you have a “personal relationship”, defined as a family member, friend, or acquaintance.
You may call a former client of the Company for up to eighteen months after the end of the agency relationship.
You may NOT call a seller whose listing with another company has expired in an attempt to obtain the listing. You may call the seller on behalf of a buyer, customer, or client who has interest in the property.
You may call a person who has made an inquiry to the Company about property or real estate services.
For calls to referrals, see section 5 below
You may call a person who has given express written permission for you and/or the Company agents to solicit them by telephone. The written permission must include the telephone number to which a call may be placed.
This includes someone who has given permission at a Company open house using the Company’s approved registration form.

(NOTE: To ensure that an open house visitor has given express written permission to receive a follow-up telephone solicitation, it is recommended that the sign-up sheet contain some kind of notice, such as a box next to each line allowing the visitor to check “yes” if they consent to receive of a follow-up call.)

**3. Conducting Telephone Solicitations
**

No telephone solicitations may be made before 8:00 a.m. or after 9:00 p.m.
If, during a telephone solicitation to a consumer whose name does not appear on any of the Lists, the consumer states that he/she does not want to continue the call, advise the consumer that you will respect his/her wishes, thank him/her and hang up. Please immediately report the name and telephone number of the consumer to the office manager or broker-in-charge for placement of that person’s name and telephone number on the Company’s “Do Not Call” list.
During the call, you must provide the consumer with your name, the Company name, and the telephone number or address where you and the Company may be contacted.
The telephone used to make a telephone solicitation must transmit your caller ID information in areas where this is technologically possible. Check with the office manager or broker-in-charge regarding Company telephones or with your telephone company regarding any other telephone you may use.
You may not block the transmission of your caller ID information.
Do not use a pre-recorded message or auto dialer.
Do not disconnect an unanswered call prior to at least 15 seconds or four rings.
The rules cover all types of telephones (cell, etc.) and apply whether you are calling from inside or outside the Company office.

4. Returning a Call to a Consumer Whose Name Appears on the Lists

You may return a call to a consumer whose name appears on any of the Lists when the return call is made in response to an express request from the consumer.
A telephone message instructing you to call a consumer is such a request and may be answered.
When a consumer calls and asks to speak with someone who is not available, the person taking the message should specifically ask the caller if they would like a return call. This should be conspicuously noted on the message.
A request for a return call left on a voicemail message or answering machine should be documented by the recipient as evidence of the message.

5. Referrals

If you receive a referral of possible business from a third party, such as a relocation company or another real estate agent in which the client is unaware, you must check the Lists before you call the prospect. THIS APPLIES TO PURCHASED LEADS AS WELL.
If the prospect’s phone number is not on any of the Lists, you may call the prospect.
If the prospect’s name is on the Company Do Not Call list, you may not call the prospect.
If the prospect’s phone number is on the Federal Do Not Call List, you may not call the prospect UNLESS the referring party has provided a signed statement from the prospect agreeing that you may contact the prospect, including the telephone number to which the call may be placed.

6. Scripts

Approved scripts are available from the Company upon request. Any script outside of these approved scripts needs to be reviewed by the Manager and Broker prior to using the script.

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