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ARE THERE EXCEPTIONS TO THE DO-NOT-CALL LIST?
The legislation establishing the National DNCL allows for the following exceptions These types of organizations, or business situations, do not have to refer to the DNCL
• Registered charities;
• Political parties;
• Nomination contestants, leadership contestants or candidates of a political party, and non-party candidates;
• Opinion polling firms or market research firms conducting surveys when the call does not involve the sale of a product or service;
• General circulation newspapers calling for the purpose of selling a subscription;
• Calls to consumers who have given consent to being called;
• Calls to a consumer who has an existing business relationship with the organization; and
• Calls to business telephone numbers.
Note: Those exceptions indicated in bold are important to real estate.
Individuals may give consent to being called, even if they are registered on the National DNCL This consent does not have to be in writing, but it must be absolutely explicit – for example, it is not enough for customers to agree to be called They must specifically agree to being contacted by telephone If a customer does not explicitly agree to be contacted by telephone, then no consent has been given
This consent must fit the PIPEDA standard of expressed oral or written consent Expressed consent means that the purpose of gathering information was disclosed and clearly explained at the time the information was gathered, and that the client gave voluntary verbal or written authorization for that use Further information about PIPEDA requirements is available at www.priv.gc.ca/en/privacy-topics/ collecting-personal-information/consent/
Defining an existing business relationship
An existing business relationship between a consumer and an organization, such as a real estate brokerage, is defined in three ways:
• The consumer purchased or leased a product from the organization within the past 18 months;
• The consumer had a written contract with the organization that expired within the past 18 months (such as a Listing Agreement); or,
• The consumer had made an inquiry with the organization within the past six months (for example, the consumer called for a listing presentation)
Consumers that had a contract or lease with an organization are still considered to have a business relationship with that organization for a further 18 months from the date the contract expires The organization can contact them throughout that period, unless at any time the consumer asks not to be called
2 The National Do-Not-Call List - Information for REALTOR® Members