Federal Telephone Solicitation Law

The rules for the use of the National Do Not Call Registry come from both the Federal Trade Commission (FTC) and the Federal Communication Commission (FCC). The FTC rules apply to interstate (between states) calls while the FCC regulations apply to both intrastate (within the state) as well as interstate calls, and include mobile and cell phones, not just residential telephone numbers. Calls to a consumer's residence or cell phone that encourage the purchase, rental or investment in property, goods or services are regulated. For REALTORS^®, this generally includes cold calling, calls to owners with cancelled or expired listings, calls to FSBOs and calls to consumers referred by others. REALTORS^® placing these calls should check whether the phone number is on the national registry if an exception does not apply.

Federal Resources

Click on a topic below to see an expanded list of more information. 

• Field Guide to Anti-Solicitation Laws: Do-Not-Call, Do-Not-Fax, Do-Not-Email
• National Do Not Call Registry
• FTC National Do Not Call Registry Information
• Federal Trade Commission Q&A re: The National Do Not Call Registry
• Frequently Asked Questions about Do-Not-Call Registry (NAR)
• National Do Not Call Registry Safe Harbor Provision
• How to Access the National Registry
• Complying with the Telemarketing Sales Rules
• Q&A for Telemarketing and Sellers About the Do Not Call Rule
• What impact do the federal rules have on Wisconsin REALTORS^®?
  • Wisconsin's Do-Not-Call law and regulations remain in effect, and little will change in the daily practice of Wisconsin licensees placing telephone solicitation calls.
  • If Wisconsin REALTORS^® are in compliance with Wisconsin law, they almost certainly will be in compliance with FCC regulations as well.
  • Wisconsin REALTORS^® who call consumers in other states should be aware of the FTC and FCC rules and the laws in those states.
  • The FTC Do-Not-Call regulations apply to only interstate telephone calls; the FCC regulations apply to intrastate calls when the applicable state law is not more restrictive, and to interstate calls.
  • The FCC rules require express permission or an established business relationship before any faxed advertisements can be transmitted.
  • For more information, see the FCC Do-Not-Call Regulations White Paper for Wisconsin REALTORS^® from LaFollette, Godfrey & Kahn: 7-page memo (PDF)

WRA Resources

• WRA Legal Updates related to this topic

•   Legal Hottips: What Should REALTORS® Do About These Telephone Solicitation Rules?

• Wisconsin Real Estate Magazine articles
  • Best of the Legal Hotline: No Call, Not No Contact
  • Communication Cornucopia: Ethics, Laws and Legislation 
  • Do Not Call, Fax or E-Mail Update
  • REALTORS® Applaud Court Ruling On "NO CALL" Rules
  • FTC Moves to Create National "Do Not Call" List
• FCC Fax Regulations

Wisconsin No Call Law

REALTORS^® may risk penalties and possible litigation unless they register as telephone solicitors or adjust their business practices. A "telephone solicitation" is defined by DATCP as an unsolicited telephone call that encourages the consumer to purchase property, goods or services, or a call that is part of a plan or scheme to encourage the consumer to buy property, goods or services. These "telephone solicitation" calls include traditional telemarketing activity and also may affect the telephone calls a REALTOR^® makes to his or her clients or customers to remind them to order the septic test required by the offer contingency or to obtain an insurance binder for closing.

No agent can legally make a "telephone solicitation" call to a Wisconsin residence unless the Broker is registered with DATCP or unless the purpose of the call is exempt. 

WRA Telemarketing Lawsuit Resources

• REALTORS® Applaud Court Ruling On "No Call" Rules
• Newspaper Editorials
  • State Journal

State of Wisconsin Resources

• Wisconsin No Call List Home Page
• Wisconsin No Call List Law
• Wisconsin No Call List Frequently Asked Questions for Telemarketers
• Wisconsin Telephone Solicitation Statute 100.52
• Wisconsin Direct Marketing Administrative Code 127

Consumer Resources

• Wisconsin will not share the numbers on its existing state do not call list with the national registry. As a result, Wisconsin consumers who want their number on the National Do-Not-Call Registry must register either online at www.donotcall.gov/ or by calling 1-888-382-1222 (toll-free), TTY 1-866-290-4236, from the telephone number the person wants to register. Consumers may register cell phone numbers. Registration is free and is good for five years.
• National Do Not Call Registry - Consumer Information
• Wisconsin No Call List Frequently Asked Questions for Consumers