National Do Not Call List

The National Do Not Call List is a registry of numbers that allow consumers to reduce the number of unsolicited telemarketing calls they receive. The registry falls under the jurisdiction of the Canadian Radio and Telecommunications Commission (CRTC) and came into effect on September 30, 2008.

Do Not Call rules apply to general telephone calls, auto-dialers, faxes, and voicemail broadcasts (where an automated message is left on voicemail). Anyone making unsolicited outbound calls falls under the jurisdiction of Do Not Call rules.

Rule 1 - Check numbers: Check phone numbers against both Do Not Call lists prior to placing a call.

Rule 2 - Comply with the CRTC' general telemarketing rules (see General Telemarketing Rules above)

Rule 3 - Know which numbers must be checked: You may place telemarketing calls without checking numbers in only the following situations:

  • The call is to a client.
  • The call is to someone who has contacted you or the office with a service inquiry within the previous six months.
  • The call is regarding a career opportunity as a Realtor.
  • You have received and documented "express consent" directly from the individual being called.

For all other telemarketing calls, including calls to introductions/referrals, you must check every number prior to placing the call. Calls can be made only to those numbers not on either National Do Not Call registries.

Rule 4 - Gain express consent when feasible: Obtaining "express consent" from an individual gives you the ability to call them even if they are listed on the National Do Not Call registries. Accepted forms of express consent include:

  • Written consent, including email communications.
  • Oral consent, which is verified by an independent third party and documented.

The following wording is recommended when obtaining express consent in writing. This is especially useful for contest ballots and prospect questionnaires.

Express Consent: By providing my telephone number and /or email address below, I CONSENT to 2% Realty using this information to contact me for marketing purposes.

Home phone :

Work phone :

Mobile phone :

Email:

Note: Consumers may withdraw their consent at any time.

Keep a record of express consent on file. If challenged, the onus is on the realtor to demonstrate that consent has been provided. Use your Client BMS page to record express consent.

Receiving an introduction, referral, and obtaining a business card from an individual whether directly or through a ballot box is not considered express consent.

Rule 5 - Keep records: As a telemarketer, the legislation requires that you keep records of all calls (name if known, the phone number, date and time) for 3 years and 31 days. This information will be useful for you should you receive a request from the CRTC. It is also recommended to keep records of any phone lists you purchase from external companies, clearly identifying the effective date of the list.

Note: Purchased lists are only valid for 31 days.

Rule 6 - Know your responsibilities with complaints and fines: It is against the law to call any number on the National Do Not Call registry. In the event of a complaint from a consumer, the CRTC will contact both 2% Realty and the realtor for details related to the call in question. If a fine is levied from the CRTC, both the corporation and the realtor may be subject to financial penalty.

Prospecting Partners- Professional call center or lead generation companies

Before hiring a professional call center or lead generation company, complete a professional call center/telemarketer checklist outlining what they can and cannot say on your behalf. You are fully responsible to do all necessary due diligence before hiring a telemarketer.

Regardless of any claims made by telemarketers, the realtor hiring the third party is held personally responsible by regulators and the CRTC for calls made on their behalf. Note the following when considering a potential vendor:

  • Confirm Service History: Prior to contracting with any lead generation company, you should ask for the names of other individuals that have used their service and then contact the individual involved to inquire about the service received.
  • Ensure Status: Ensure there is a clause in the agreement that provides written proof that the firm is registered as a telemarketer with the CRTC and requires the firm to check all numbers against the National Do Not Call list prior to making calls on your behalf or providing you with a list of numbers.
  • Verify Dates: Ensure that any lists you purchase clearly state the date that the list was checked against the National Do Not Call registry. Any purchased phone lists expire after 31 days, after which, the list is no longer Do Not Call compliant.
  • Cross Check: Numbers on purchased lists must still be checked by you against the National and Corporate Do Not Call lists using the Bell Call Search or Bell Call Advisor systems before any numbers are provide to the telemarketer. Note that any phone number reports you print will expire after 31 days.
  • Get Approval for Scripts: All scripts must be approved by a member of your Management Team prior to the start of the service. Any subsequent script revisions must also be submitted and approved before they may be implemented. The lead generation firm must be advised that they may not, under any circumstances, vary from the approved script.
  • Exercise Caution: Take great caution in hiring third parties for marketing purposes. If you are considering a company that is not on the above list, check references and review the arrangement with National Marketing, prior to proceeding.

Remember...

  • There are many regulations about telephone prospecting that can put you and 2% Realty at risk, so take the time to understand the parameters within which you may work.
  • Prospecting scripts are essential tools in sales. Before using any other strategy, review the scripts with other realtors and a member of your management team, and use these scripts as you begin to build your business.
  • Track your progress by tracking your sales ratios. Ask yourself, "Am I making enough approaches and contacts?"
  • Prospect fearlessly and frequent and begin immediately. Never stop prospecting, regardless of how busy you are with other aspects of your business. You don't want to run out of listings and buyers. Remember, every time you make a sale, you just lost a client!
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Chapter 5: CASL Compliance