In its ongoing crusade to protect consumers from unwanted phone calls, FAXes and e-mails, the Federal Communications Commission (FCC) has issued new regulations that go into effect in 30 days that prohibit companies, including tax-exempt organizations such as the National Association of Realtors (NAR,) from sending "commercial" faxes which solicit to sell a product or service without the recipient's prior written consent.

That means that the NAR, its subsidiaries, and other tax-exempt organizations can no longer send FAXes to their own membership which may include ads from vendors, or solicitations from the NAR or its subsidiaries to sell its own products such as research reports, training classes, or perhaps even designations and certification, or anything else that may be construed as commercial solicitation. The problem with this is multifold - there are grey areas regarding what is and what isn't commercial solicitation, and there is a question whether a trade organization such as the NAR can be regulated in its communications with its own members, which is a far cry from soliciting the public at large. The new FAX regulations also hurt these organizations in other ways - it is vendor support which enables many tax-exempt organizations to control costs and deliver more services to members.

According to Lucien Salvant, spokesperson for the NAR, the NAR's position is that member benefits include being able to take advantage of discounts, special offers, and products or services that the NAR is able to negotiate with vendors using its economy of scale, and that many members join to take advantage of those very benefits.

Some of the NAR staff met with FCC last week to importune the commission to reconsider the FAX provision, says Salvant.

"We thought the FAX provision might be unfair," says Salvant. "People who join these associations join to get that kind of information and the FCC said no. They thought it was a violation of the law."

The NAR then requested an extension, so that it would have time to ask its 900,000 plus members for consent to receive FAXes which may contain commercial solicitations. The regulations take affect in 30 days, which gives little time to contact members, but the FCC has not favored the trade organization with an extension as yet.

What kind of communications will the new FAX regulations affect?

"We can send out information about legislation, or selling, or changes to the code of ethics that helps Realtors do their jobs better, but if we say we have a book for sale, or a NAR report, then we can't put it in the FAX anymore," explains Salvant. "We are a nonprofit communicating to our own members. Its' not like we are soliciting the public. If the book is about how to make yourself a better agent, the FCC says that is a no-no."

Published: July 28, 2003

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Blanche is a renowned author of five real estate books. Her newest, Bubbles, Booms and Busts: Make Money In Any Real Estate Market, McGraw-Hill, was rave-reviewed by The New York Times. She was also selected from hundreds of real estate experts to contribute to Donald Trump's book, Trump: The Best Real Estate Advice I Ever Received: 100 Top Experts Share Their Strategies, Rutledge Hill Press, and is featured on page 68. Order Now Review - Honors In 2006, Blanche was selected among scores of candidates to author two consumer real estate guidebooks for the National Association of Realtors: The NAR Guide to Home Buying, and The NAR Guide to Home Selling, Wiley & Sons. She is currently planning two new books for the NAR and its members.       Known for her keen insight into real estate industry issues and for her ability to make complex subjects easy to understand, Blanche is a sought-after keynote and continuing education speaker. Real estate organizations from MLSs, to brokerages, to franchisors, to associations hire her to provide up-to-the-minute analysis of real estate industry news and advice on how to improve revenues. Her passionate delivery, peppered with stinging wit, is a huge hit with audiences and fans. Don Klein, CEO Greater Nashville Association of Realtors, Blanche Evans, Richard Courtney, president 2007, GRAR "The GNAR membership meeting last week featured Blanche Evans as the keynote speaker. Her comments and insights resonated extremely well with those in attendance and we have had many requests for copies of her PowerPoint Presentation. She was a terrific part of the membership meeting and convention program!" - Don Klein, CEO Greater Nashville Association of Realtors Coverage from WSMV, Nashville - 8-14-2007 That Interview Guy - Get Inside The Head Of Today's Generation 2007 AE Institute Session - To purchase 2006 AE Institute Session - Parts 1 2 3 4 5 6 7 8 9 HouseValues Mastermind call - Parts 1 2 Blanche's fireside chat with Jeremy Conaway, HAR - Click here. For more articles by Blanche, click here.