Without fearing they are violating the federal Do Not Call Registry rules, real estate agents likely can call home owners selling their own homes if the real estate agent has a buyer who wants to make a deal.

That's an interpretation presented by Federal Trade Commission commissioner Mozelle Thompson during a panel discussion at last week's National Association of Realtors Conference and Expo in San Francisco.

The comments were not the final word on the issue, but likely will be once the Federal Communications Commission officially rules on the matter. The approach to calling FSBOs (for sale by owner) is consistent with guidance the NAR has given real estate professionals.

Real estate agents, however, cannot telephone solicitations to FSBOs without having an interested buyer or they will be in violation of the Do Not Call list restriction, according to Thompson.

The federal Do Not Call Registry has attracted the owners of almost 55 million telephone numbers, indisputable evidence households don't want to have to hang up on telemarketers, but would rather telemarketers not call them.

The FCC regulates intrastate aspects of the Do Not Call registry and is looking at the NAR inquiry also to clarify whether calls to FSBOs and owners with expired listing agreements would violate the registry rules.

Because most FSBOs end up frustrated and hire a real estate agent or other professional, they've been an obvious marketing target for years. Real estate agents earlier this year lost some state level Do Not Call exemptions on intrastate farming.

Thompson said consumers have been clear about their wish to end unsolicited marketing calls and don't distinguish between the feelers real estate agents put out and hard core telemarketers trying to sell goods and services.

Federal agencies have said they have a mandate to provide a strong standard for telephone marketing -- even if it means preempting state do-not-call laws that aren't as strong as the federal registry.

After households and others register their phone numbers with the registry they are soon supposed to be rid of most unwanted telemarketing calls for five years. Telemarketers who violate the law can be fined up to $11,000 for each illegal call.

Federal and state agencies have said they were going to swiftly and decisively enforce the law after court challenges failed to delay or disrupt the registry which now has some 55 million phone numbers and 63,000 complaints.

The California Attorney General last week sued a Hayward, CA-based home improvement company, the nation's first such do-not-call action under the federal registry's rules.

Some 60 million consumers are ultimately expected to sign up to turn off telemarketers.

Published: November 13, 2003

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A journalist for 35-years, Broderick Perkins parlayed an old-school daily newspaper career into a digital news service offering editorial content and consulting services. Perkins' San Jose, CA-based DeadlineNews Group includes the flagship news site, DeadlineNews.Com, offering real estate, personal finance and consumer journalism, and a backshop, the Deadline Newsroom.