REALTORS® under the microscope on their use of the Do Not Call List
If you or your brokerage uses telemarketing calls or faxes to obtain business, you need to review your practices now to avoid potential financial penalties.
CREA has been informed by the Canadian Radio-television and Telecommunications Commission (CRTC) that they will be increasing enforcement of the national Do Not Call List (DNCL) as it relates to the real estate sector.
The CRTC actively monitors and enforces the national DNCL, which is a list of telephone numbers of consumers who have chosen to reduce the number of marketing calls they receive. Telemarketing is making calls or sending faxes to consumers for the purpose of solicitation. Subject to limited exceptions, marketers are not allowed to call numbers on this national list.
Members and brokerages should be aware that non-compliance can result in significant financial penalties. Here are a few reminders:
- If you or your brokerage engages in telemarketing, your brokerage must register as a telemarketer at https://www.lnnte-dncl.gc.ca/ind/insorg-regorg-eng.
- A brokerage that conducts telemarketing must (subject to limited exemptions) purchase a subscription for the area codes you or your office intends to contact. It is the responsibility of the brokerage to ensure that your office has access to the most up-to-date version of the national DNCL and that those numbers are removed from any calling lists.
- Your brokerage must also maintain an internal do not call list. If a consumer says they do not wish to be contacted, their name and number must be added to this internal do not call list.
- If you or your brokerage hires a third party service provider to help manage your telemarketing activities, your brokerage still needs to register with the DNCL operator and subscribe to the national DNCL.
The CRTC issued an administrative monetary penalty of $260,000 to one such provider, Telelisting, in January 2015. Telelisting obtained and disclosed contents of the National DNCL to their clients, a violation of CRTC's Telecommunications Rules. An investigation by the CRTC could also result in monetary penalties to brokerages who were clients of Telelisting.
For more information about the DNCL, visit CREA's Do Not Call page on REALTOR Link®.
