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Reading the DNC legislation, I'm finding that surveys are exempt.
If I were to call with the following questions, do you think it will not qualify?
basically, the plan is to call the homeowner and ask them if they would be willing to partincipate in a x question survey.
yes or no.. no, thanks for your time. yes... here we go.
1. how long have you lived in area x?
2. what do you most like and least like about the area?
3. are you thinking of moving within the next 6-12 months?
4. if you were planning on moving, where would you move to and why?
Don't try and game the system. Who or what organization will you say you are representing. How will the results be compiled? If enough people complain about you call with a survey they fell might be a little bogus, that could be a lot of fines.
8. If a call includes a telephone survey and a sales pitch, is it covered?
Yes. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the do not call provisions. But if the call is for the sole purpose of conducting a survey, it is exempt.
Of course, most people would want to know why you are asking these questions, and how the info will be used.
I know what I think, pretty much automatically, when I answer my phone (which has been on the DNC list since the very first day of its existence) and someone says they're "conducting a survey" and assures me that they're not trying to sell me something when it's clear that's where the survey is going (political surveys are something else, but I DON'T think they should be exempt, because they, too, are trying to sell me something, it's just that they want me to pay with my vote for a candidate or an issue). I assume they are trying to game the system (which you very clearly are, from your questions), and I decline to participate, and I hang up and report them (it is SO quick and easy to do so, takes only moments on the computer).
What is your intent and purpose ? Are you an agent trying to beat the system? If so please don't, our image hurts enough without people trying to pull a scam.
In all honesty, I feel that do not call is discrimination. Businesses are discriminated against while politicians can do whatever they want legally (not even touching the illegal stuff yet).
same thing with signs. it's illegal to post an open house sign on the public roads, yet, politicians have 'vote for me' signs all over, without any issues.
All of these concerns with not being bothered are all valid but WHY are government and survey's exempt?
Btw, on a separate thread I made a point that NO Agent respects do not call laws. Technically, none of you should be able to call a person that was referred to you by your friend or past client IF that referral is on the DO NOT CALL list AND even if your past client says they are expecting your call.
True, the chances that you'll be reported are slim in that case, but technically, it's a violation.
Some of you asked about the intent. I don't see where the intent matters. The law states that the survey is covered under the DO NOT CALL if the sales pitch is part of the call.
To those asking about how the info will be used, i'll just tell them it's for my information only.
that post was from Nov. 2007. Does anyone know whether there are actual cases?
I'm wondering if, for the purposes of taking a survey, a person must actually be registered as a survey company.
Also, another thing I'm wondering about, is how these calls are handled. If my number gets reported, for example, as violating DNC, am I guilty until proven innocent? How would I be able to prove that my call was not a sales pitch but a survey call?
What is your intent and purpose ? Are you an agent trying to beat the system? If so please don't, our image hurts enough without people trying to pull a scam.
Please respect peoples privacy.
Exactly.
If Do Not Call is discrimination because political calls are exempt, then the solution is to make them not exempt, not to try to game the system and make the rest of us look bad. There's a reason that agents have a bad reputation with some people, and this kind of behavior is it.
I'm not sure about the process for "proving" that you were an actual survey, though I'm guessing it would have something to do with the use to which you were putting the information (intent). Probably could find that doing a little research, and I just may do it for curiosity's sake. However, I'm pretty sure that if enough people got annoyed with you for insulting their intelligence and trying to scam them (which is what this would be), that would be evidence against you in and of itself.
Well, a pretty quick google led to the source (the FTC website):
Surveys or political polls:
If calls are being made for the sole purpose of conducting a survey or poll, they are exempt. But purported survey calls are not exempt if they are also part of a plan, program or campaign to induce purchases of goods or services. Organizations placing such telemarketing calls must comply with the Do Not Call provisions and are not Exempt Organizations.
Well, a pretty quick google led to the source (the FTC website):
Surveys or political polls:
If calls are being made for the sole purpose of conducting a survey or poll, they are exempt. But purported survey calls are not exempt if they are also part of a plan, program or campaign to induce purchases of goods or services. Organizations placing such telemarketing calls must comply with the Do Not Call provisions and are not Exempt Organizations.
That would seem to be pretty clear.
So, NAR's surveys are not exempt from DNC? Since you can take their findings and use them in your sales presentation?
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