Do Not Call List

CREA has created the booklet “The National Do-Not-Call List” to provide more information to REALTORS® about how they will be affected when the list comes into effect on September 30, 2008. The booklet can be viewed on the DNCL Compliance section, posted in the Compliance Centre on www.realtorlink.ca. The information below can be found in the booklet.

Real estate brokers or representatives, making unsolicited telephone calls qualify as telemarketers. This doesn’t mean that REALTORS® cannot contact consumers in other legal ways, such as direct mail. It means that if the consumer, private sellers included, puts their name and telephone information on the National Do Not Call List, you cannot contact them at that number (phone or fax) to sell them a product or your services or in any way solicit business, unless:

the call is to a consumer who has an existing business relationship with your company, or
the call is to a business consumer.
An existing business relationship, such as one between a consumer and a real estate brokerage, is defined in three ways:

The consumer purchased or leased a product from the organization within the past 18 months;
The consumer had a written contract (such as a Listing Agreement) with the organization that expired within the past 18 months
The consumer had made an inquiry with the organization within the past six months (for example the consumer called for a listing presentation).
An individual can also specifically consent to be called by a certain organization, even if he or she is registered on the National DNCL.

CREA provides the example of an Open House and consent to be contacted.

The REALTOR® is hosting an open house. Mary and Bob Ford come in for the tour and sign the guest book. Does this mean that the REALTOR® can call the Fords to offer his services?

YES– if they signed the guest book or otherwise indicated their interest and intent in a business arrangement.

NO– if they signed the book but specifically asked not to be contacted. Then the REALTOR® would have to add the Fords to his corporate do-not-call list. (Under Canada’s Do-Not-Call legislation, all telemarketers must also maintain their own do not call lists– even if they are making calls that are exempt from the National DNCL rules).

Other tips

If a consumer makes the request to be placed on an internal do-not-call list, you must process that request immediately.
Be sure to disclose the purpose of your call and the company or individual you are representing right away. It’s a good idea to have a prepared script to work from.
The CRTC intends to launch a public awareness campaign to publicize the web address and telephone number for consumers and telemarketers to access once the National DNCL becomes operational.