Agents have long been told they cannot call FSBOs whose numbers appear on the National Do-Not-Call Registry (DNC). The assumption is that any call is a violation, which is misleading. After reviewing FTC and FCC clarifications, here’s the truth: calling FSBOs on the DNC list is permissible—when done correctly.
The DNC rules, under the Telemarketing Sales Rule (FTC) and the Telephone Consumer Protection Act (FCC), prohibit unsolicited telephone sales calls. Several exceptions matter to agents:
- Established business relationship: Calls allowed for up to 18 months after a transaction, or three months after an inquiry.
- Non-telemarketing calls: Calls that aren’t sales solicitations or are in response to legitimate inquiries.
In 2005, the FCC clarified: calls to FSBOs by agents representing a buyer are not telemarketing solicitations, as long as the call is about the potential sale of the property.
Why it’s okay—and sometimes necessary—to call FSBOs
- FSBOs invite calls. By publishing their number, they’re clearly soliciting inquiries by saying “call me.” That makes your outreach invited, not unsolicited.
- Buyer agency creates fiduciary duty. A signed buyer agreement obligates you to act on your client’s behalf. That includes contacting FSBOs, even if ads say “No Agents.” This is representation, not solicitation.
- No “specific” buyer required. Buyers rarely buy the exact house they describe. Price range is the consistent factor. If the FSBO fits your buyer’s price range, you’re justified in making the call.
- It’s not a “sales call.” A sales call pitches services or products. Asking about showing a home for a buyer is not solicitation. It only crosses the line when you discuss listings, fees or marketing.
Do’s and don’ts
Do:
- Call FSBOs on the DNC list if you represent buyers in their price range.
- Call Expireds on the DNC list (there’s prior MLS exposure).
- Keep the purpose clear: showing the house, not selling your services.
Don’t:
- Pitch listings, fees or marketing over the phone.
- Violate your broker’s stated policy.
NAR was never meant to play lawyer. Yet over the years, it’s handed out “guidance” that many agents mistakenly take as law—and even fined members for not following along. Instead of lifting agents up, it’s left too many confused and misinformed.
When NAR was founded, the mission was simple: unite agents, amplify their voice and protect the interests of the profession. Somewhere along the way, that mission drifted.
Agents don’t need more restrictions—they need clarity, advocacy and real support.
Disclaimer: Always follow your broker’s policy. Some brokerages forbid calling FSBOs on the Do-Not-Call list, others allow it. This reflects published rulings, not legal advice—consult your broker, counsel (not NAR’s) or licensing authority before acting.
For more information, visit https://darrylspeaks.com/.
