Marketing

Enjoy Your Dinner (Realtor Regulations)

Ahh, peace and quiet. Recall if you dare, the days prior to October 1, 2003. No dinner was complete without a huge helping of telemarketing! Worse, when they called, there was just no graceful way to get them off the phone. Didn’t they get it?! They were invading our space.

Many of us finally resorted to either screening our calls (and to think the answering machine was first used to be sure we didn’t miss calls) or to a caller ID. In other words, we finally reached the point that we were willing to pay to ensure we weren’t bothered.

Legislation Behind the “Do Not Call” List

You may be surprised to learn that it took 10 years for the FCC and the FTC to formulate legislation that would help us recapture our sanctuary. The “Do Not Call” list developed as a result of the Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994. Guess what, it applies to REALTORS® just like everyone else.

How the Rules Apply to REALTORS®

Here’s what I know. Both agencies have a version of the law. The FTC regulates Intrastate only, while the FCC has jurisdiction over all phone solicitations, so the FCC rules apply most often. Hawaii does not have a separate set of rules.

There are basically two situations when REALTORS® (and telemarketers) might still call. An established business relationship allows us to call for 18 months. So, if I sold your home, it’s OK for me to follow up with you by phone over the next 18 months.

Secondly, we are allowed to call with express written permission. Permission might come in the form of a mail-in request for information or a registration on our website. Either would likely be considered written permission. Written permission is good for three months.

Key Points to Remember

The protections apply only to registered residential and mobile phones. It does not apply to business phones, door-to-door solicitations, or email. Remember, REALTORS® are not supposed to solicit an already listed property. It’s a violation of our Code of Ethics.

Do Not Call numbers no longer need to be re-registered, but if you have additional residential or cell numbers, or if your number is disconnected and reconnected, such as when you move, go to www.donotcall.gov or call 1-888-382-1222 to register. You must call from the same number you are registering. You can register 3 numbers at a time.

A Final Caution

But one word of caution: don’t disable that caller ID just yet. August and November are just around the corner, and guess what? Politicians are definitely still allowed to call!

About the Author

Denise Nakanishi

Denise Nakanishi is a REALTOR Broker with Hawai'i Life. Denise Nakanishi is one of Hilo's most acclaimed real estate agents. She reached the rank of Major in the US Army and is now known by many as "Major Mom." The nickname fits–not only does Denise bring the discipline and mission-oriented attitude you'd expect, she's also caring and compassionate, always looking out for her clients like they're her own family. Having made the Big Island her home since 1987, Denise combines her extensive knowledge of the area with a sharp focus on customer service and the results speak for themselves. She's the recent recipient of the Best East Hawai`i, Best of Zillow, Chairman's Circle Award, President's Circle, Top Producing Agent since 2001, and Realtor of the Year awards. Denise stays ahead of the curve because she's passionate about education–she served as Education Chair for Hawaii Island REALTORS® for many years. She's one of Big Island's best real estate resources, known for her weekly article in the Hawaii Tribune Herald. Denise leads Team Nakanishi for Hawai`i Life, who is committed to their family, work, and community. In her little time away from work, Denise is a committed runner and Grandy. She also devotes many hours to various Veterans' Organizations, the East Hawaii Cultural Center, and the Hawaii Island REALTORS®. You can email me at denise@hawaiilife.com or via phone at (808) 936-5100.

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