Telemarketing & Cold-Calling

Overview

Thanks to the excesses of days gone by, telemarketing and cold-calling are heavily regulated. But they remain two of the most reliable ways to build and maintain your contact list. There’s no fine line or gray area: There are laws you must not break. But you still have a lot of flexibility on the right side of the law. NAR continually observes the telemarketing regulatory environment and compiles resources that will help you maintain and grow your prospect list using the personal touch of a conversation — whether with new prospects or longtime A-list contacts.

References

NAR Library & Archives has already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require a password.


Telephone Consumer Protection Act (TCPA) Basics

Telemarketing and the Telephone Consumer Protection Act (TCPA) (Electronic Privacy Information Center, Jul. 25, 2019)

The Telephone Consumer Protection Act (National Association of REALTORS®)

Window to the Law: TCPA and Texting (National Association of REALTORS®, Apr. 4, 2018)

The TCPA: Protection Against Robo Calls and Prerecorded Calls (NOLO, Jan. 20, 2014)

Telemarketing vs. Informational Calls and Text Messages

More Florida Brokers Face Lawsuits Over Robotexts (Florida REALTORS®, Sep. 17, 2019)

Telemarketing and the Telephone Consumer Protection Act (TCPA) (Electronic Privacy Information Center, Jul. 25, 2019)

Laws Protecting Consumers from Robocalls and Spoofing (NOLO, Apr. 12, 2019) — See the Federal Communication Commission Rule

Context and Content Show Text Messages Are Not Advertising or Telemarketing Under TCPA (Consumer Financial Services Law Monitor, Feb. 28, 2019)

Obtaining Consent

Consent and Revocation under the TCPA (The National Law Review, Mar. 27, 2019)

Hot Topics in Risk Management (National Association of REALTORS®, Feb. 4, 2019)

TCPA Compliance: Mortgage Servicers Should Be Especially Concerned By the Rise in Telephone Consumer Protection Act Lawsuits, Which Often Hinge on Whether Consent to Call Borrowers Exists Or Has Been Revoked  (National Mortgage News, Jan. 2018) E 

Call Me Maybe? Understanding Prior Express Consent and Its Revocation Under the TCPA (Collector, Jul. 2016) E

Court Finds That Providing Cell Number Constituted Implied Consent Under TCPA (Computer & Internet Lawyer, Feb. 2016) E

Established Business Relationship Exception (National Association of REALTORS®)

Complying With the Do Not Call Registry

Window to the Law: Comply With The Do Not Call Registry (National Association of REALTORS®, Jul. 1, 2019)

National Do Not Call Registry (Consumers)

National Do Not Call Registry (Sellers and Telemarketers)

FAQ: Do-Not-Call Registry (National Association of REALTORS®)

Safe Harbor Provision (National Association of REALTORS®)


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The inclusion of links on this page does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this page complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.

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