Mass Mailing, Faxing, and Email: State and federal laws prohibit bulk mailing, bulk faxing, and bulk Emailing unsolicited commercial advertisements or solicitations which, along with the Do-Not-Call requirements below, constitute the Do-Not-Contact Laws. It is our strict policy to adhere to all Do-Not-Contact legal requirements. It is everyone’s responsibility to adhere to these Do Not Contact requirements and anyone who fails to adhere to this policy will be solely responsible for any violation of these state and federal laws, including payment of any fines, penalties, damages recovered, settlements, or attorney’s fees and costs. Deliberately ignoring this may not be covered under E&O insurance. Associate Agents are encouraged to consider bulk mailing, bulk faxing, and bulk Emailing as a method of business promotion, but they must be conducted in full compliance with all federal and state laws.
Do not call / Do not text telephone solicitation policy: Cold calling (telemarketing) and texting is commonly used to solicit prospective clients for sales, property management, or loan transactions. Cold calling and texting involve messages or telephone calls to promote the purchase, rental, and financing of real property, and services provided incidental to such activities. Associate Agents are encouraged to consider cold calling and texting as a method of business promotion, but cold calling and texting must be conducted in full compliance with all federal and state laws.
Do Not Call/Text Registry: The National Do Not Call Registry is a list of phone numbers from consumers who have indicated their preference to limit the telemarketing calls or texts they receive. The registry is managed by the Federal Trade Commission (FTC), the nation’s consumer protection agency and it is enforced by the FTC, the Federal Communications Commission (FCC), and state officials. Associate Agents may not call or text anyone who is listed on the DNC Registry unless an exemption applies.
Exceptions:
Consumer Enquiries: If a consumer makes an inquiry or applies to an Associate Agent, the Associate Agent can call or text for up to three months. If the consumer makes a specific request to that Associate Agent not to call or text, the Associate Agent may not call or text, even if it has an established business relationship with the consumer. A consumer whose number is not on the national registry can still prohibit individual telemarketers from calling or texting by asking to be put on the Associate Agent’s own do not call list.
Business Relationship: An Associate Agent with which a consumer has an established business relationship may call or text for up to 18 months after the consumer’s last purchase, last delivery, or last payment unless the consumer asks the Associate Agent not to call or text again. In that case, the Associate Agent must honor the request not to call or text. If the Associate Agent calls or texts again, it may be subject to a fine of up to $43,280.
Informational messages: The Telemarketing Sales Rule applies to calls or texts that are made as part of “a plan, program, or campaign which is conducted to induce the purchase of goods or services . . ..” The Rule does not apply to calls or texts to deliver purely informational messages that are not delivered to induce purchases. For example, a message from an airline that contains only information about a flight cancellation is an informational message. However, telephone calls or texts that combine information with a direct or indirect solicitation for goods or services are not exempt, and a for-profit organization that makes such calls or texts are not exempt.
Business-to-Business Calls: Most phone calls or texts to a business made with the intent to solicit sales from that business are exempt from the Do Not Call provisions.
Reporting. Associate Agents are required to immediately inform the broker or manager via written notification to add any person who requests it to be placed into the Associate Agent’s and/or broker internal DNC registry. Failure to do so may result in fines or termination of the relationship agreement.
Using our Lead Distribution Services and/or Telemarketing Campaign Services
The following information is provided in an effort to promote the responsible uses of Lead Distribution and/our Telemarketing Campaign service:
We will not monitor your calls, audio messages, emails, mailings, or read your notes nor share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the law or properly enforce the terms of service agreement.
Since it is you the subscriber who creates your marketing and/or launches your own campaigns, we feel it necessary to provide you with the following information in an effort to ensure that all your Telemarketing Campaigns are conducted responsibly.
IN ACCEPTING TO UTILIZE OUR DATA AND/OR TELEMARKETING CAMPAIGNS YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
I Agree that:
a) Prior to starting a Campaign, I will make sure that I am familiar with any Federal or State Laws that would be applicable to my campaign.
b) I will be respectful of proper calling time restrictions that would be applicable to my specific call campaign.
c) I understand that you may contact the provider if you wish to upload an existing do not call list. In the event a recipient makes a request to be taken off our calling list, I will do so immediately and indefinitely and notify the provider.
d) I understand that allowing those on my calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.
e) I will Follow Federal and State calling time rules and or restrictions.
f) I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during call.
g) I will avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business.
h) I understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire, or law enforcement agencies.
i) I will avoid sending unsolicited audio messages to those who will incur charges. For example beepers, pagers, or cell phones unless proper prior permission has been obtained by the recipient.
j) I will avoid sending pre-recorded sales messages to those with whom you do not have a business relationship and to whom you haven’t received permission to call.
k) I understand and have read these Terms of Service.
ANY BREACH OF THE PREVIOUS TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. THE PROVIDER SAVES (BUT DOES NOT OTHERWISE UTILIZE) ALL DATA FROM YOUR DIALING CAMPAIGNS, MAKES AVAILABLE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.
The service provider is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your marketing campaigns and our services. You are ultimately responsible to make your own informed decisions regarding your marketing campaigns.
For more information about the Do Not Call Registry click here
For instructions about our Lead Distribution Service click here
For instructions on how to use our telemarketing campaigns service click here