Cold calling and the Do Not Call list. Do I care?

2 Replies

I have been reading BP for the last couple of hours on the subject of the Do not call list.  I have found almost no definitive concise answer.  Are we subject to the do not call?  I know realtors are, but they are soliciting a service.  We aren't trying to sell a good or service, we are trying to buy and/or solve their issues - be it probate, foreclosure, whatever.  Does anyone have any actual information?  Preferably documented information?

@Ro Carter Well, calling to buy something isn't listed in the law here in Canada (I'm sure the law reads pretty much the same way in the US), so until it's tested in court there will be no definitive answer.

I would be careful about saying that you're "calling to solve their issues" as that can easily be interpreted as soliciting a service. But if you stick to calling to buy their property you should be OK.

If someone took you to court to argue that by calling to buy their property you were attempting to solicit them to use your service, you could counter argue that it would have huge implications. It would mean that the relationship between buyers and sellers would have to be turned completely on it's head from one of equitable exchange to one of the buyer providing a service.

@Ro Carter I'm not an attorney and I'm not offering legal advice.  My understanding is that you're manually dialing from your phone you're fine.  It's when you're using the autodialer that you run into problems.  However, it's also my understanding that if you screen your numbers thru the National Do Not Call Registry and you remove those numbers that have been registered, you should be ok.  Here's a couple of links where you can read more:

https://www.fcc.gov/general/telemarketing-and-robo...

https://telemarketing.donotcall.gov

Again, I'm definitely not an attorney and this definitely isn't legal advice.  Just my understanding.  Hope this helps you.

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