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#35951 - 12/22/05 09:37 AM DO NOT CALL LIST....BROKER OR AGENT FINED????
lovethecrue Offline
Member

Registered: 12/20/05
Posts: 29
Loc: New York
Who gets fined, broker or agent? Also, do you know anybody who has gotten fined?

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#35952 - 12/22/05 01:55 PM Re: DO NOT CALL LIST....BROKER OR AGENT FINED????
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
My guess would be the person actually placing the call unless your broker instructed you to call.

Either way I would not want to have to explain to a judge why I made the call.

Here's a few unfortunate souls.

http://realtytimes.com/rtcpages/20040121_donotcall.htm

Third Realty Industry Firm Facing "Do Not Call" Charges

"The suit, filed in U.S. District Court in Sacramento, seeks nearly a half-million dollars in damages and penalties following complaints from more than 250 Californians. Consumers said that when they told the company representative they were on the federal Do Not Call list, the representative said the firm is exempt from the federal law because it is conducting a survey."

And a few more:

"Related Articles :

http://originatortimes.com/content/templates/standard.aspx?articleid=928&zoneid=5
Company Fined $770,000 For Calling Leads
The Federal Communications Commission (FCC) issued a forfeiture notice to Dynasty Mortgage, LLC in the amount of $770,000 for 70 phone calls made by Dynasty to 50 consumers who were listed on the Federal Do Not Call List. According to the notice, Dynasty obtained the leads from a lead broker, who claimed the leads were scrubbed prior to Dynasty’s purchase of the lead.

http://originatortimes.com/content/templates/standard.aspx?articleid=1098&zoneid=5
What You Don’t Know Can Bankrupt Your Company
If you’re one of those mortgage originators who thinks the Do Not Call (DNC) laws don’t apply to you because you’re not making cold calls or you’re only buying “scrubbed” leads, the FCC says you’d better listen up. Yes, the laws were originally enacted to curb those annoying dinnertime calls from your typical telemarketer; but the reality is these laws apply to all U.S. companies that make sales transactions over the telephone – including mortgage companies.

http://originatortimes.com/content/templates/standard.aspx?articleid=1115&zoneid=5
If Your Company Doesn’t Have a Do Not Call Policy, is it Time to Quit?
Before you pick up the phone to call a realtor referral or past client referral, understand this - it may personally cost you $11,000. Readers who responded to the June 1 article What you don’t know Can Bankrupt your Company overwhelming asked the same questions, “Can I be personally fined?” and “What should I do if my company doesn’t take the DNC laws seriously?”

http://originatortimes.com/content/templates/standard.aspx?articleid=1379&zoneid=5
8 Alleged DNC Violations May Cost Originator $80K
A lawsuit filed in Palm Beach County Circuit Court alleges that Majestic Mortgage LLC made at least eight telephone calls to Florida residents on the state’s “Do Not Call” list during the past four months.

http://originatortimes.com/content/templates/standard.aspx?articleid=1564&zoneid=5
If Your Company Doesn’t Have a Do Not Call Policy, is it Time to Quit?
Before you pick up the phone to call a realtor referral or past client referral, understand this - it may personally cost you $11,000. Readers who responded to our earlier article-What you don’t know Can Bankrupt your Company overwhelming asked the same questions, “Can I be personally fined?” and “What should I do if my company doesn’t take the DNC laws seriously?”

http://originatortimes.com/content/templates/standard.aspx?articleid=1631&zoneid=5
State Seeks $160,000 Fine For Lender's Do Not Call Violation
Direct Mortgage Group Inc. is being sued for violating state Do Not Call Laws in conjunction with at least 16 calls made by the company between January and October of 2005.
_________________________
Jim Lee, REALTOR®, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#35953 - 12/22/05 06:49 PM Re: DO NOT CALL LIST....BROKER OR AGENT FINED????
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
Quote:
DirectTV to Pay $5.4M in Privacy Fines
Posted by Zonk on Tuesday December 13, @03:48PM
from the privacy-isn't-a-fad dept.
abscissa writes "Remember the do-not-call registry? DirecTV is in big trouble for violating the list, and faces the largest civil assessment ever obtained of $5.4M for harassing people over the phone at home and ignoring the registry. Although it looks like DirecTV was outsourcing all their telemarketing (obviously), the FTC recieved 1.4 million complaints, the biggest category of do-not-call violations ever recieved." From the article: "Majoras was quick to emphasize that the most important part of the settlement is that it sends a warning to companies that they cannot hire telemarketers and then turn their backs on whether or not the rules are followed."
This keeps coming up on this board. People want to know how to "get around" the DNC. I keep saying over and over, don't do it! What part of DO NOT CALL do they not understand?
_________________________
Comments made are my opinion, and not intended to be legal advice of any kind.

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#35954 - 12/22/05 10:18 PM Re: DO NOT CALL LIST....BROKER OR AGENT FINED????
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8596
Loc: georgia
I NEVER cold call anyone,the only people i call is someone who has requested my information from my hotline by law i have 90 days from the date of the call to call them back REGARDLESS of do not call you will not be in danger or pay any fines because they solicited you for business and made first contact.

There are certian surveys that are exempt from dnc but that will not fly using it for real estate as it is meant for other uses as defined by the government.

The dnc is VERY clear it says what you can and can't do DO NOT play with fire,you just might GET BURNED!!!!!!!!

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#430427 - 11/22/13 10:07 AM Re: DO NOT CALL LIST....BROKER OR AGENT FINED???? [Re: lovethecrue]
Telelisting.net Offline
Member

Registered: 05/30/12
Posts: 17
Loc: Canada
Telelisting allows user to look up for phone numbers with the DNCL already integrated.

You can then look up for a lot of numbers that are available to call within one click...

Cheers,

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#431562 - 01/07/14 06:41 PM Re: DO NOT CALL LIST....BROKER OR AGENT FINED???? [Re: lovethecrue]
Albert020 Offline
Member

Registered: 01/02/14
Posts: 35
Loc: London
nice thread........I like it.

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#432565 - 02/03/14 11:21 AM Re: DO NOT CALL LIST....BROKER OR AGENT FINED???? [Re: lovethecrue]
Agent 002 Offline
Member

Registered: 07/30/13
Posts: 34
Loc: BC
Useful information. Good thread.
My Brokerage requires us to cross reference all our leads with the Do-Not-Call-List. I guess that clears them of liability.
_________________________
Langley Real Estate Listings

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