DO NOT CALL list
What's the deal with the do not call list? If I find a property that has the potential to be a good wholesale property, can I call up the owner and tell them my interest. I'm talking no FSBO sign, no for rent sign, just a property in my target area that needs some serious fixing. Am I violating any laws if I'm completely unaware as to whether or not they're on the do not call list?
Quote from @Harold Conard:
That is awesome. You made a lot of progress since this thread. I’d love to discuss spec homes with you one day. I was thinking about that recently. I don’t know where to begin.
Absolutely! Feel free to reach out anytime.
Quote from @Jerryll Noorden:
Originally posted by @Leilah Davis:Instead of just repeating yourself with statements like "it is illegal" and "look it up" and "it's a fact" why don't you try supporting your argument with evidence??
Try to register for the DO NOT CALL LIST if you're not a seller, telemarketer/service provider or political organization, because these are the only three options to select from. Lol. I'm doing my due diligence right now, because I'm trying to do the right thing, but it's harder than I thought. After all, I'm talking to a government organization and we all know how that goes sometimes. Anyway. So if you're not cold calling what do you do instead? Direct mail? Or you simply don't reach out to home owners and just buy wholesale or from agents? I'm really wondering.
Quote from @Leilah Davis:
@Jerryll Noorden not sure exactly what you're responding to, this conversation is months old, but yes ... obviously laws apply to everyone regardless of their knowledge and understanding of the law. Did I imply or say otherwise?
The only question I still had, which remains unanswered, is literally what to register as when registering with the FTC to gain access to the DNC list.
Yeah beats me too, none of the options really applies.
Can you sue for violating the Do Not call list?
Under the Telephone Consumer Protection Act (TCPA) consumers have the right to sue telemarketers who ignore the federal mandated Do Not Call list. Each violation by a telemarketer entitles the consumer up to $500 per violation. You must have received two or more calls from the same caller during a 12-month period.
And we're not even telemarketers. As per FCC this is the definition of a telemarketer:
The term telemarketer means the person or entity that initiates a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.
So it's still a very diffuse topic and I doubt, it's that easy to sue a private person for calling someone they don't know once. But it's a gray area that needs definition for sure.
3. What calls are covered?
The do not call provisions of the TSR cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by 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 return for some type of payment as part of a telemarketing transaction.
Based on this, it really depends on your intent. If you as an independent person are offering to help someone out of a foreclosure and legitimately go through those options before offering to buy or find a buyer, than that is pretty grey to me. There are many people that don't have the knowledge we have as real estate investors. It is of no financial benefit to give your time free of charge. If you go through those options to help someone out of foreclosure until you've reached the sub2 or wholesale, then this would be offering a solution to their problem after you have established a relationship with them. The initial transaction is to benefit the homeowner, and of no return to the solicitor.
If someone has their home listed for sale, marketing that it is on the market, and you are offering to buy from them, you are not a seller and not trying to get them to buy from you.
As a charity or political party, surveyor, they are asking for time, and information. What is the difference for this scenario with a person offering to help prevent foreclosures or ask to purchase a home that is listed?
If someone doesn't want to be called, you can say that you'll add them to your DNC list, and apologize. I don't know how many folks are going to be aggressive towards a potential buyer, or someone trying to "honestly" save them from a foreclosure. But america is the land of lawsuits and lawyers, so there's that.
IMO yes, calling someone on the DNC to offer to buy their property would be a violation of the DNC rules since the purpose of the call is to start a business relationship (whether buying or selling something from them). Lots of folks do it though. They roll the dice. I would recommend scrubbing any list against known DNC litigators to reduce the risk, the only two times I've paid due to DNC violations, they were professional litigators. I owned up to it and paid up.