DO NOT CALL list (DNC) - Updated 2022

[Julian Christel]

Hey, 

I read a similar bigger pockets post from 2010, so I want to post again since regulations have probably changed since then. Also, I'm getting mixed results for whether I can or cannot call the DNC list if I am a wholesaler. 

For calling DNC, I'm hearing: "Technically, we are not selling anything since you are calling them to buy their property."

Against calling DNC: "do not call list is for solicitors who are selling something. The fact that you want to buy and are not selling puts you into another category from the do not call list!"

Another argument: The probability of someone actually suing you is almost impossible, so you might as well give them a call. 

One more argument: If someone is on the DNC list they probably won't sell you their property (In my opinion: True, but this is a numbers game so eventually if someone is motivated I would think they wouldn't care).

Could I get your guys/gals take on this? 

Thank you!

[Braden Smith]

I suggest giving this a read:  The Ultimate Guide to TCPA Compliance and A2P 10DLC Regulations

This is the most up to date information I have seen.

Here is a snippet from the article:

What You Need to Know About the National Do Not Call Registry

In order to understand how this impacts your real estate investing business, let’s take a closer look at the National Do No Call Registry.

Within the DNC, there are 3 types of organizations or functions; seller, telemarketer/service provider or exempt organizations.

A seller may also be a telemarketer if it is calling on its own behalf or if it retails one or more telemarketers to place calls for it.

You, as an investor, will want to register as a “seller”.

Every seller should subscribe to specific area codes, pay appropriate fees and agree to certification requirements in order to receive a Subscription Account Number (SAN).

The DNC Registry requirements are as follows:

• Annual subscription by area code
• You must maintain an in-house DNC list and sync it with the nation registry at least once every 31 days. (The national DNC is updated daily at 8AM)
• Data for up to five area codes is free. Beginning October 1st, 2020, the annual fee is $66 per area code of data (after 5) for up to a maximum annual fee of $18,044
• Companies that have provided the required identification and certification and paid the appropriate fees will be allowed to check a small number of telephone numbers (10 or less) at a time via interactive internet pages. This will permit small volume callers to comply with DNC requirements of TSR (Telemarketing Sales Rules) without having to download potentially large lists of all registered telephone numbers within a particular area.

What happens to companies that don’t pay for access to the registry?

Any company that is a seller and/or telemarketer could be liable for placing any telemarketing calls (even to numbers NOT on the registry) unless the seller has accessed the registry and paid any required fees. Violators may be subject to fines of up to $43,792 per violation. (Each call may be considered a separate violation.)