Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
A real estate agent I know called for help - she has gotten a formal notice from the Federal Trade Commission that a charge is being filed against her (and I'm going to assume her Broker) for violating the Do Not Call law -
This agent, like others, calls expireds. She does not (I found out) EVER check the Do not Call registery -
I referred her to an attorney who specializes in this type of defense work (I don't) - and she had to pay a 20K retainer (I warned her about this) - and no, the E+O policy will not cover any of this
Please, understand that just because a property was previously listed, does not make it "open season" to call when that listing expires -
Thank you very much for this exceptionally timely reminder! In this market where more & more homes are expiring each day, this issue bears a great deal of weight and the proper precautions must be taken! My company website has an area where its sales associates can check the Do Not Call Registry...I'll remind my colleagues at our next office meeting!
A real estate agent I know called for help - she has gotten a formal notice from the Federal Trade Commission that a charge is being filed against her (and I'm going to assume her Broker) for violating the Do Not Call law -
This agent, like others, calls expireds. She does not (I found out) EVER check the Do not Call registery -
I referred her to an attorney who specializes in this type of defense work (I don't) - and she had to pay a 20K retainer (I warned her about this) - and no, the E+O policy will not cover any of this
Please, understand that just because a property was previously listed, does not make it "open season" to call when that listing expires -
Since the maximum fine is I believe $11,000 why would she pay a $20,000 retainer? She should just wait to get served papers and see what kind of proof there is. It very well could be someone that she had talked to previously and they didn't realize it. Maybe spoke with the wife and then called back and got the husband. The burden of proof is on the other party.
Since the maximum fine is I believe $11,000 why would she pay a $20,000 retainer? She should just wait to get served papers and see what kind of proof there is. It very well could be someone that she had talked to previously and they didn't realize it. Maybe spoke with the wife and then called back and got the husband. The burden of proof is on the other party.
Caller ID is the proof -
The fine is per call - I have reason to believe that she is the subject of as many as 10 complaints - the FTC is tending to group these complaints - The charges entail going through a formal complaint process (including discovery) and hearing - The attorney I referred her to has done a number of these already - you don't just pay a fine - you have to go through the whole "due process" to see if a fine will be accessed -
The fine is per call - I have reason to believe that she is the subject of as many as 10 complaints - the FTC is tending to group these complaints - The charges entail going through a formal complaint process (including discovery) and hearing - The attorney I referred her to has done a number of these already - you don't just pay a fine - you have to go through the whole "due process" to see if a fine will be accessed -
Expensive
Sure Greatday...right...How about citing a half dozen of these instances where the FTC went after an individual agent for a few calls? They are a public record...that is, if they exist.
Any expired with an MLS listed number in Las Vegas will get dozens of phone calls. DNC or no DNC. So there is no problem finding perpetrators.
Funny...the FTC settled the first big complaint for $2500.. That outfit had made hundred of thousands of calls.
But I guess in AZ one routinely pays 20,000 to avoid parking tickets. Interesting place that AZ.
I most definitely would have a series of strokes from the stress of this. No thank you in any way shape or form! She will forevermore consult the DO NOT CALL DIRECTORY available on her company's website!
Here is an example of a good idea gone overboard. I am so sad that the intended law to prevent sweatshop calling went overboard to include the hometown people who at max won't make a total of 25 calls a week.
Here is an example of a good idea gone overboard. I am so sad that the intended law to prevent sweatshop calling went overboard to include the hometown people who at max won't make a total of 25 calls a week.
Tomocox, I used to spend 2 hours prepping with the list or more for every hour calling. I agree about the sweatshop analogy. Most people I used to call said they never got calls from agents. Now you can't solicit gated communities and most subdivisions by door either. Again, can you blame the agents who are entirely getting out of the business now? Let the sellers find the 3-4 buyers who are out there themselves then....
Here is an example of a good idea gone overboard. I am so sad that the intended law to prevent sweatshop calling went overboard to include the hometown people who at max won't make a total of 25 calls a week.
The point that I am making and that Greatday is not refuting is that calling expired is a techinical violation according to an FTC position paper. It does not appear to have been litigated. It is unlikely that the FTC would pursue an RE Agent over a few calls. It could happen...but the probability is zilch.
Best to follow the DNC. But it is not a probable enforcement action unless done at the coporpate level and in strength. Note that the FTC is not above ignoring or only threatening on such cases. They don't want to actually mix it up in court with anyone who would resist. It is a crap shoot...and they could well lose.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
