August 8th - 2008

The National Do Not call list: dos, don’ts and definitions

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.

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, including REALTORS®, 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
  • If your office makes “cold calls” or engages in telemarketing activities, it’s a good idea to have a company or office telemarketing policy that can be provided to consumers on request.
  • 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.
 
National Do Not Call List rates posted
Now telemarketers, including REALTORS®, can find out what it cost not to bother potential clients. The Canadian Radio-Television Communications Commission (CRTC) approved and released the subscription fee rates that Bell Canada, the list operator, will be charging telemarketers that use the National Do Not Call List (DNCL). A copy of the telemarketer subscription rates and file formats for the National Do Not Call List can be found at: http://www.crtc.gc.ca/eng/INFO_SHT/t1028.htm
 
There are several subscription fee rate options available to telemarketers who open an account with the National DNCL operator and pay a subscription fee.
 
For example, a telemarketer making unsolicited calls to a limited number of consumers could use the “query subscription” option and pay $0.50 per telephone number query for any area code. Under a “query subscription” a subscriber would go to a soon to be established web site where he or she can enter individual telephone numbers to check if they are on the National DNCL – if the subscriber checks 50 telephone numbers the fee would be $25.
 
At the other end of the fee structure, a telemarketer that conducts a telemarketing campaign across Canada throughout the year could get an annual subscription for $11,280, which would give them access to all area codes for a full year.
 
Subscription fee rates by area code are broken down into one-, three-, six- and 12-month subscriptions, with options for an individual area code or for all area codes. Consult the CRTC site.

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Ontario Real Estate Association

Jean-Adrien Delicano

Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.

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