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Diana, the BIC CAN do something when an agent is behaving in a manner that is not only a violation of the DNC list but is likely to get the broker fined as well as the agent. (Something that has been carefully explained to me more than once by brokers who know whose dollars are on the line in these situations.) Just as they can do something when an agent whose license is hung with them violates ethical or legal requirements of our industry. Independent contractor or no, there are requirements for hanging your license with a brokerage, and you can be held accountable for violating them.
That's exactly what my quote... that you copied, 3rd paragraph, says. I know.
You're right... a lot of realtors suggested that. I'm just not sure why. No biggie.
We are in agreement.... Robo calls = not a good tactic.
FWIW, - perspective from the other point of view: if you called me to yell at me for calling you.... I would NOT call you again to apologize, I'd just remove you from the list. I think it's definitely a violation to call again after someone has requested you stop. So... there's that. Not sure I'd hold it against him that he didn't call you back after your message.
"Not a good tactic?"
Euphemism of the year for clearly illegal activity.
Robo calling is not illegal. Calling people whose number is on the DNC list is... but that doesn't explain calling the broker. If the "clear illegality" of the practice is the issue, then report it to the feds. Enforce the law. Short of that. Call the guy who did it and yell at him... not his broker, like you want to get him in trouble. He's not a misbehaving child. The broker isn't likely to treat him like one, either.
Now... stop making me feel like I have to defend this guy. I don't like cold calling of any kind.... but I don't like making much ado about nothing, either.
Robo calling is not illegal. Calling people whose number is on the DNC list is... but that doesn't explain calling the broker. If the "clear illegality" of the practice is the issue, then report it to the feds. Enforce the law. Short of that. Call the guy who did it and yell at him... not his broker, like you want to get him in trouble. He's not a misbehaving child. The broker isn't likely to treat him like one, either.
Now... stop making me feel like I have to defend this guy. I don't like cold calling of any kind.... but I don't like making much ado about nothing, either.
Seriously?
It is a North Carolina agent, operating in North Carolina, affiliated with a North Carolina real estate firm, robocalling a North Carolina resident, and North Carolina law says that commercial robocalling is illegal.
An excerpt:
"State Attorney General Roy Cooper joined 23 other attorneys general to call on the U.S. Senate to pass the Help Americans Never Get Unwanted Phone Calls Act (HANGUP Act), which would protect consumers from unwanted debt collection robocalls made to their cell phones.
The letter is specifically addressed to the U.S. Senate Committee on Commerce, Science, and Transportation, and, if passed, the bill would remove a recent amendment to the Telephone Consumer Protection Act (TCPA) that allows debt collectors to robocall consumers' mobile phones.
"These calls are intrusive and annoying and can hold phones hostage with their repeated calls," Cooper said in a press release. "Consumers have made it clear they don't want robocalls on their cell phones and Congress needs to listen."
For the most part, calls made using prerecorded messages are already illegal in North Carolina. Nevertheless, Cooper's Consumer Protection Division received more than 9,000 complaints about unwanted calls last year, many of them robocalls, prerecorded calls made using automatic dialers.
In its current form, the Telephone Consumer Protection Act allows previously illegal robocalls to go to mobile phones for the purpose of collecting debts owed to or guaranteed by the federal government, including federal student loans. Debt collectors would continue to be able to contact consumers through other means to collect on legitimate debts.
This is one of many actions the North Carolina Attorney General's Office has taken to rid North Carolina consumers of robocalls. In 2015, Cooper and other state attorneys general asked the Federal Communications Commission (FCC) to change a rule that allowed robocalls.
In June 2015, the FCC adopted a rule change allowing telecommunication companies to use technology to block robocalls. Last year, Cooper joined 44 additional state attorneys general in a letter urging the five major telephone companies, AT&T, Sprint, Verizon, T-Mobile, and CenturyLink, to offer robocall blocking technology to their customers. The state is also a part of an ongoing lawsuit against DISH Network over millions of telemarketing calls made on behalf of the satellite TV provider. The outcome of the trial could impact other telemarketers' ability to evade Do Not Call laws by outsourcing call violations to third parties, Cooper said.
Cooper recommends that anyone who receives unwanted robocalls or telemarketing calls hang up and report the calls to his office."
He doesn't need your defense. He should need legal defense.
There's an attorney in the metro area -- one of her specialties is suing people who call her for solicitation purposes despite her being on the DNC list - Georgia allows you to sue the offender directly, and you can be awarded up to $2,000. :-)
Robo calling is not illegal. Calling people whose number is on the DNC list is... but that doesn't explain calling the broker. If the "clear illegality" of the practice is the issue, then report it to the feds. Enforce the law. Short of that. Call the guy who did it and yell at him... not his broker, like you want to get him in trouble. He's not a misbehaving child. The broker isn't likely to treat him like one, either.
Now... stop making me feel like I have to defend this guy. I don't like cold calling of any kind.... but I don't like making much ado about nothing, either.
If you answer the phone and hear a recorded message instead of a live person, it's a robocall.
You've probably gotten robocalls about candidates running for office, or charities asking for donations. These robocalls are allowed. But if the recording is a sales message and you haven't given your written permission to get calls from the company on the other end, the call is illegal. In addition to the phone calls being illegal, their pitch most likely is a scam."
what if it's the IRS calling to tell you their audit shows an immediate lien is being placed on you?
I have a script for those guys.
After using it a couple of times, those calls went away entirely, although the one feller blew his top and cussed me out in a very non-bureaucratic display of frustration....
Naw... . They don't differ with me. Or rather, I don't differ with them. They have far more opinion about this than I do. I'm surprised to learn it's illegal, because I get robocalls from all kinds of salesmen, all the time.
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