Do Not Call List
Does anyone here having any insight on how the new do not call list regulations will play out in the near future. My feeling on it is everyone will abuse it until people start getting fined. Who is going to monitor and fine people? Does anyone on this site think this will be a problem or does everyone plan on going about business as usual until the gov starts to nab people.
TBARBER
My feeling is that I am not calling people to sell them anything. I am calling them to let them know I am interested in BUYING their house from them.
Telemarketers call asking for money, whether in donations, or in exchange for a product or service.
I am calling to give them money, not take it away.
If a property owner gives me #$%^ about do not call lists, this is the logic I will use, and quickly follow with "but if you do not want me to call I will be happy to remove you from my seller list, would you like me to do that?" Yes I would, fine, no problem sir/maam
Done, gone.
Anyone else feel or know something different?
Thanks, Dave
I would check out the FTC website a bit about this.
http://www.ftc.gov/bcp/conline/edcams/donotcall/index.html
Also there is alink to some laws by state that might have some useful info. As far as I can tell from what I have read is that since we are not selling we aren't really telemarketers. We aren't calling people up randomly asking them if they want to sell their houses. We are targeting owners of specific properties in which we have an interest in so I don't believe that it falls into the same category.
Hope this helps.
You might be covered by the "do not call" list" as it applies to any plan, program or campaign to sell goods or services through interstate AND intrastate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment."
This would cover bird dogs for sure.
**************************************
I found this article online just now located at http://realtytimes.com/rtcpages/20031113_fsbos.htm
Real Estate Agents With Buyers Can Call FSBO’s
by Broderick Perkins
Without fearing they are violating the federal Do Not Call Registry rules, real estate agents likely can call home owners selling their own homes if the real estate agent has a buyer who wants to make a deal.
That's an interpretation presented by Federal Trade Commission commissioner Mozelle Thompson during a panel discussion at last week's National Association of Realtors Conference and Expo in San Francisco.
The comments were not the final word on the issue, but likely will be once the Federal Communications Commission officially rules on the matter. The approach to calling FSBO’s (for sale by owner) is consistent with guidance the NAR has given real estate professionals.
Real estate agents, however, cannot telephone solicitations to FSBO’s without having an interested buyer or they will be in violation of the Do Not Call list restriction, according to Thompson."
Published: November 13, 2003
The article goes on....
I did read somewhere a few months ago that if you engaged in using the phone to solicit your products or services to buy or sell then you are covered. The ruling obviously covers sellers of this and that, as well as telemarketers. Your call be construed as a “service” you are selling. You might be able to get away with this, the question is do you want to be the test case if some person you call decides that you are covered by the DNVC list and you argue that you are not. An ensuing court action occurs and costs are developed accordingly.
In the case above the realtor is contacting FSBO’s “with a buyer”. Having a buyer is key, so if you are acting as the buyer, then perhaps you would have the same protection as the realtor calling on a buyers behalf. That area of the law is cloudy right now, which means that sometimes soon an interpretation will have to be made. Unfortunately it might be decided via court case with a TCI member and zealous “DNC” property owner. At a price of several thousands of dollars per occurrence, it can be a very expensive mistake and learning experience. The last thing you need is to have a bad day and have 10 people say they are going to file a complaint against your call. This could mean a potential fine of over $100K made in less than 10-15 minutes.
Something to think about…
Phil
See my profile or contact information
[ Edited by Pherrejon on Date 12/12/2003 ]
So then are you supposed to just direct mail people constantly, and barrage them with mail? How do you follow up?
I mean how do you make money in this business if you cannot call people to see if they want to sell their house to you?
What do you do for your marketing?
I mean, couldn't someone in preforeclosure say the same thing? Aren't you trespassing if you just stop by their place?
Email me at **Please See My Profile**
I've reverse the process so that I don't have to worry about the DNC.
If you are mailing them, provide an 800# and extension from a call-capture service where the homeowner can call for 24 hour information.
If they call the number and extension, the service captures their phone number and does a reverse lookup for their name and address.
Since they called you, it is classified as an "inquiry" and is time and date stamped. Plus, you paid for the call. So their rights under DNC are voided.
I call them back promptly and ask if they got all the information they needed and if I can provide them any additional information. Usually I'm able to start a conversation.
I happen to use Arch Telecom, but there are many others. The 800# can be used in newspaper ads, e-mail messages or signatures, on websites, and on post-cards and letters.
I've found that people prefer to call a number for free information rather than call me directly, because they don't think they'll get 'sold' by calling a '24 hour information line.' So, the postcard or letters are much briefer and to-the-point.
After explaining how you came across their problem, you have to explain that you are not selling services, you are offering them an option of losing their home to the bank and ruining their future or helping them to make their problem go away quietly and giving them an oportunity to start over later after they get their lives back on track. If they still persist , then I would tell them good luck and if they change their minds, please call me and we can discuss this at a later time. Hope this helps.
I am of the opinion that if I send a couple of letters and call them a couple times that they probably wouldn't take any action on the DNC laws. I don't think they have the time and have other things to worry about like losing their home.
What if the letters sent said we will follow up with a call unless we recieve a call back stating you have no interest in the program. Would this work to eliminate any concerns on the DNC rules?
TBARBER