Federal Issues in Brief:
Do-Not-Call / -Fax / -E-mail  |
| The Issue |
| In 2005, NAR is urging Congress to enact legislation that will protect REALTORS® from unfair and costly changes to their marketing practices. |
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| What This Means for You |
- REALTORS® can be fined $11,000 for each violation of the Do-Not-Call law.
- REALTORS® will not be able to fax property listings to consumers who call to request such information without first getting written permission.
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| Where It Stands Now |
Do Not Call
On July 26, 2005, the Federal Trade Commission (FTC) issued a final rule amending the Telemarketing Sales Rule, which increases the fees to access the Do-Not-Call Registry. Under the revised fee structure, telemarketers will continue to have access to up to 5 area codes free, but additional area codes will cost $56.00 (currently $40.00) each. The fee to access all 280 area codes will increase to $15,400 (currently $11,000). The new fee schedule goes into effect September 1, 2005. |
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Do Not Fax
On July 9, 2005, President Bush signed S. 714, the Junk Fax Prevention Act, into law. The newly signed law does not legalize unsolicited fax advertisements or solicitations, but does reestablish a long-standing established business relationship exception to the federal ban on unsolicited faxed advertisements.
All provisions of the new bill were effective immediately upon signing. |
More information on the new fax requirements > |
Do Not E-mail
In September 2004, NAR again submitted comments to the FTC on the commission's proposed criteria for determining the “primary purpose” of an e-mail message. NAR’s comments focused on the subjectivity of the factors the FTC had identified as relevant to a finding that the primary purpose of an e-mail message is commercial.
In December 2004, the FTC issued a final primary purpose rule substantially similar to the Commission's original proposal. These final regulations were effective March 28, 2005, and will assist e-mail senders in the determination of whether a message has a commercial primary purpose and thus, subject to the requirements of the CAN SPAM Act. |
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| Latest News |
July 26, 2005
FTC Finalizes Fee Increase for Do-Not-Call Registry |
| Read more > |
July 9, 2005
President Signs Junk Fax Prevention Act |
| Read more > |
June 28, 2005
NAR-Backed Junk Fax Bill Heads to President |
| Read more > |
May 17, 2005
U.S. Small Business Administration supports Fax Ban Coalition's Petition for Further Extension of Stay |
| Read more (PDF: 30K) > |
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April 13, 2005
NAR Testifies in Support of Junk Fax Bill |
| Read more > |
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April 6, 2005
U.S. Senators Gordon Smith and Daniel Inouye Reintroduce Junk Fax Bill |
| Read more > |
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 | Related Resources |  | | | |
