Federal Do-Not-Call / FAX Resources
(click here for CAN-SPAM Resources)
*** Do-Not-Fax Resources at bottom of page ***
Do-Not-Call Resources
Links to Laws and Regulations
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Text of Pennsylvania law. |
Text of FCC Rules |
Text of federal law |
Do Not Call Compliance Solutions
PAR, has partnered with PossibleNOW, a leading national Do-Not-Call solutions vendor, to offer
discounted access to their online DNCQuickcheck compliance solution. DNCQuickcheck gives you access to both the state and Federal Do Not Call lists and will let you maintain your own internal Do Not Call list as required by law and regulation. If using this at the brokerage level (a one-time fee applies), the broker will have an audit trail to verify what numbers have been checked and when.
Click on the link above for more information.
Subscribe to the FTC Do Not Call ListNew subscribers to the federal list must set up a "profile" before being allowed to access the list. Use the "
More Information" button for instructions on how to fill out the profile form, information about the help desk and resetting passwords, among other common issues. You can also check out
NAR's explanation of how to access the list (may require password).
NOTE: Accessing the downloaded list requires the use of software to "unzip" the file.
Winzip and
PkZip are two popular products for this use.
Q&A with basic background to federal rules and information on how to access the federal list. Good first step to understanding the registration process.
Sixty page document reviewing all aspects of federal compliance, published by the FTC. Note that some information may be incorrect, in that Pennsylvania's law is more restrictive than the Federal rules in several areas. See the Do-Not-Call Presentation below for a comparison.
Q&A on Federal and State Do Not Call Issues
This document covers many of the most common questions regarding the integration of Federal Do Not Call regulations with the currently existing Pennsylvania Telemarketer Registration Act.
Do Not Call Presentation -- How do Federal regs and State law interact?
Adapted from Forum presented at Sept. 2003 PAR Business Meetings, with updates.
Sample Office Policy (Federal and State)
The Do-Not-Call rules provide a potential "safe harbor" for brokers who create, maintain and implement a compliant Do-Not-Call policy in the office. This sample policy can be used as a starting point for brokers who do not currently have their own policy. Be sure to consult with brokerage counsel before implementing any policy.
NOTE: These resources are only valid for the Federal regulations. Certain requirements in the Pennsylvania Do-Not-Call law may be stricted than the Federal regulations and will apply.
Do-Not-Fax Regulations Information
As required by the Junk Fax Prevention Act of 2005, the FCC has drafted regulations regarding fax solicitations. The faxing rules: (1) codify an established business relationship (EBR) exemption to the prohibition on sending unsolicited fax advertisements; (2) define EBR as used in the context of unsolicited fax advertisements; (3) require the sender of fax advertisements to provide specified notice and contact information on the fax that allows recipients to “opt-out” of any future transmissions from the sender; and (4) specify the circumstances under which a request to “opt-out” complies with the Act. The new rules will take effect around August 2006.
Go to the FCC Web site for a review of the regulations and a link to the full text