REALTORS® who use telemarketing are subject to the Do Not Call rules. The FCC’s new Robocall rules impose some additional requirements for obtaining consent when making a prerecorded
telemarketing call to a residential phone number or making an autodialed or prerecorded telemarketing call or text to a wireless number. The new rules require that telemarketers first obtain written consent to receive such calls or messages, on paper or through electronic means, including website forms, a telephone key press, or a recording of oral consent.
Additionally, a telemarketer will no longer be able to make a robocall to a residential
landline telephone based solely on an “established business relationship”. Business callers must now have prior express written consent before making telemarketing robocalls, even if they have an established business relationship. Telemarketers have never been permitted to make robocalls to wireless phones based solely on an “established business relationship”.
Finally, the new rules require that telemarketers must allow an immediate opt out from receiving
additional telemarketing robocalls, even if prior consent has been given. The opt out provision must be announced at the beginning of the call and must be available throughout the call. This new requirement means that the person receiving the call will not have to hang up and make a separate call in order to stop further telemarketing robocalls.
For more information see C.A.R. Legal Q&A Do-Not-Call, Do-Not-Fax, Do-Not-Email Laws Affecting REALTORS®.