If you have a State DNC list, you still must check it against the Federal DNC list and the Federal DNC list will prohibit this action. They do not have an Expired or FSBO exception. I do think you have mis understood the law and should get a better clarification on it.
1) We can call a FSBO or Expired, or anyone for that matter, if we have a particular client that wants to see the house. However, if your buyer is not interested in it, You Can Not then try to get the listing without then being in violation of the law.
2) Cell phones are on or can be on the DNC list. Regardless of where I own land. the DNC law follows that phone. So if I am now living in Florida and still using my Ct. cell phone to sell my Ct. house, but the cell phone bills come to me in Fla. You would have to check Fla. DNC list.
Just with that alone, you can see how complicated this gets. There are absolutely No Blanket Exceptions to these Laws and No State can reduce the Federal Law, but they may add to it. So Federal Law is the Foundation and each state can build on it.
In addition, these laws presume you are guilty if you are reported as violation the law and you must prove your innocence. You do this by having a great system in place. At $10,000 per violation, (thats per call) you can see why you need a really good system.
If you are going to play this game, it is best to have a very well organized system to prove you did indeed check the number and have some way of proving such.
By the way. There are a minimum of two DNC lists you must have.
List #1 is Federal.
If your state does not have one of its one, then there is List #2.
List #2 is your companies DNC list. Every company that participates in telemarketing MUST keep their own DNC list. So if another agent called the expired and the expired requested to be put on the companies DNC list and you then called, you are now in violation of the Federal Law. Please pay $10,000 (per phone call) and move on.
I personally think that Expires are one of the greatest sources of listing lead's, but without a great system in place. There is no way its worth the risk. And that fine is on you as well as your broker.


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