{"id":211,"date":"2026-09-07T11:17:23","date_gmt":"2026-09-07T16:17:23","guid":{"rendered":"https:\/\/realdialer.com\/do-not-call-complaint-against-a-real-estate-agent\/"},"modified":"2026-09-07T15:20:32","modified_gmt":"2026-09-07T20:20:32","slug":"do-not-call-complaint-against-a-real-estate-agent","status":"publish","type":"post","link":"https:\/\/realdialer.com\/do-not-call-complaint-against-a-real-estate-agent\/","title":{"rendered":"When a Do Not Call Complaint Arrives"},"content":{"rendered":"<p>The envelope is addressed to the broker, and the broker forwards it to you at 4:15 on a Thursday with no comment. Inside is a letter from a law firm you have never heard of, on behalf of a homeowner whose name you half recognize, stating that the homeowner&#8217;s number has been on the National Do Not Call Registry since 2019, that it received two solicitation calls from your brokerage&#8217;s number on March 4 and March 11, and that the firm&#8217;s client is entitled to statutory damages under federal law and would prefer to resolve the matter without litigation. A figure is named. A deadline is given. The letter is polite in the way that letters written by people who do this every week are polite.<\/p>\n<p>You pull the record. Maple Court. An aged expired. Two attempts, both no answer, the second with a voicemail.<\/p>\n<p>Whether this letter is a problem or a formality now depends entirely on four things you did or did not do in February, before the first dial, and on what you do in the next hour.<\/p>\n<h2 id=\"the-three-ways-a-complaint-reaches-you\">The three ways a complaint reaches you<\/h2>\n<p><strong>A demand letter, or a suit, from the homeowner.<\/strong> The federal do-not-call rules carry a private right of action at <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/47\/227\">47 U.S.C. 227(c)(5)<\/a>: a person who has received more than one call within any twelve-month period by or on behalf of the same entity in violation of the rules may sue for up to $500 per violation, and a court may treble that to $1,500 per violation if the violation was willful or knowing. Two calls to a registered number inside a year is the threshold, which is why the letter cites two dates. A handful of law firms and a larger number of individuals send these letters as a business, and some of them keep registered numbers specifically to receive solicitation calls. The letter is real regardless of who sent it. It is also, very often, a letter that the safe harbor answers, if the records exist.<\/p>\n<p><strong>A state attorney general or consumer protection office.<\/strong> The homeowner complained to the state, and the state&#8217;s telemarketing statute, per the <a href=\"https:\/\/realdialer.com\/state-mini-tcpa-laws-for-real-estate-agents\/\">state law piece<\/a>, gives the office its own remedies, sometimes its own private right of action for the resident, and sometimes hours and frequency rules stricter than the federal ones. A state inquiry usually arrives as a letter asking for records and an explanation within a set number of days, and the tone is different from a demand letter: the office wants to know whether this is a pattern.<\/p>\n<p><strong>A federal complaint.<\/strong> The homeowner filed with the FTC or the FCC. Individual complaints rarely produce individual enforcement, and neither agency represents the homeowner in getting money, but complaints accumulate against a number and a company, and a company with a file of them is the one that gets the civil penalty case. The FTC&#8217;s per-violation civil penalty figure, adjusted for 2025, is in the <a href=\"https:\/\/realdialer.com\/is-cold-calling-illegal-for-real-estate-agents\/\">legality piece<\/a>; it is large enough that a pattern is the thing to fear, and a single complaint is the thing to fix so that it never becomes one.<\/p>\n<div class=\"table-scroll\">\n<table>\n<thead>\n<tr>\n<th>Who sent it<\/th>\n<th>What it can cost<\/th>\n<th>What decides it<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>The homeowner or their lawyer, under 227(c)(5)<\/td>\n<td>$500 per violating call, up to $1,500 if willful or knowing; two calls in twelve months is the threshold<\/td>\n<td>Whether the number was scrubbed within 31 days, whether the safe harbor records exist, whether the call was in fact a solicitation<\/td>\n<\/tr>\n<tr>\n<td>A state attorney general or consumer office<\/td>\n<td>State statutory damages and penalties; sometimes a consent order with ongoing obligations<\/td>\n<td>Whether this is a pattern; the same records; state-specific hours and caps<\/td>\n<\/tr>\n<tr>\n<td>The FTC or FCC, via a consumer complaint<\/td>\n<td>Usually nothing for one complaint; civil penalties per violation if a pattern is established<\/td>\n<td>The company&#8217;s complaint history; whether the same records show a compliance program<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<h2 id=\"the-four-records\">The four records<\/h2>\n<p>The safe harbor at <a href=\"https:\/\/www.ecfr.gov\/current\/title-47\/chapter-I\/subchapter-B\/part-64\/subpart-L\/section-64.1200\">47 CFR 64.1200(c)(2)(i)<\/a> is the defense to a registry violation, and it is not a defense you can assemble after the letter arrives. It requires that the call was made in error, and that the company can show it had, at the time, written procedures for complying with the do-not-call rules, personnel trained in those procedures, an internal list of numbers it may not call, and access to the national registry no more than 31 days before the call was made. Each of those is a document, and the hour after the letter arrives is spent finding them.<\/p>\n<p><strong>The scrub record.<\/strong> The date the list containing Maple Court was last checked against the national registry, and the registry version used. If that date is within 31 days before March 4, and the number was not on the list at that time or was suppressed and dialed anyway through a documented error, the safe harbor is in play. If the list was scrubbed in December and dialed in March, it is not, and the letter is what it says it is. There is no middle case. A scrub is dated or it did not happen. The dialer&#8217;s export, the registry download receipt, or the vendor&#8217;s scrub report is the document, and it should name the list, the date and the registry version in one place. The <a href=\"https:\/\/realdialer.com\/do-not-call-rules-for-real-estate-agents\/\">do-not-call rules<\/a> piece explains the 31-day cycle; this is the day it matters.<\/p>\n<p><strong>The internal do-not-call list, and its timestamps.<\/strong> Whether this homeowner had ever asked you, or anyone at the brokerage, not to call, and when. A stop request has to be honored within a reasonable time that, under 64.1200(d)(3), may not exceed ten business days, and the request is kept for five years under (d)(6). If the record shows a request logged on March 5 and a call on March 11, the second call is the problem and the safe harbor does not reach it. If the record shows no request, or a request honored the same day, the internal list is doing its job and the document proves it.<\/p>\n<p><strong>The written procedures and the training record.<\/strong> The document that says how the brokerage complies, and the record that this agent was trained in it, with a date before March 4. A brokerage that has the document but never trained the agent, or trained the agent but has no document, has half a safe harbor, which is none. The <a href=\"https:\/\/realdialer.com\/new-agent-first-two-weeks-of-cold-calling\/\">new agent piece<\/a> puts the training on day one for exactly this reason.<\/p>\n<p><strong>The call record itself.<\/strong> What was dialed, when, from which number, in which mode, with what outcome, and what was said in the voicemail. A voicemail that identifies the agent and the brokerage and offers a callback number is a solicitation, and it counts. A record that shows the number was matched to an owner who had recently inquired, or with whom the brokerage had a transaction within the established-business-relationship windows, changes the analysis, and the record is the only place that fact lives.<\/p>\n<p>Four records. The honest position is that most brokerages have two of them.<\/p>\n<p>The ones that have all four answer the letter in a page. The ones that have none settle.<\/p>\n<h2 id=\"the-first-hour\">The first hour<\/h2>\n<p>Five things not to do. In order of how often they are done.<\/p>\n<p>Do not call the homeowner. Not to apologize, not to explain, not to ask whether they really meant to send the letter. Every call is a contact, the homeowner is now represented or at least on notice, and the third call in twelve months is the one that removes any doubt about willfulness.<\/p>\n<p>Do not delete anything. The call log, the voicemail, the record, the list version. The records are the defense, and a missing record after a letter arrives reads as something worse than a missing record.<\/p>\n<p>Do not answer the letter yourself. The letter went to the broker because the broker is the responsible party under the rules and under your license, and the answer comes from the broker or from counsel the broker chooses. An agent who writes back personally has made an admission, a promise, or a mistake, and usually all three.<\/p>\n<p>Do not assume insurance covers it. Many errors and omissions and general liability policies exclude claims arising from telemarketing and privacy statutes, some by name. The broker checks the policy the same day, because the answer changes who pays for counsel.<\/p>\n<p>Do not keep dialing the list that produced the letter until someone has checked it. Put the number on the internal list immediately, whatever the outcome, and hold the list it came from until the scrub date and the source are confirmed. If the list was stale, every number on it is a letter waiting to be written.<\/p>\n<h2 id=\"then-the-broker-s-hour\">Then the broker&#8217;s hour<\/h2>\n<p>The broker gathers the four records, reads the letter against them, and decides with counsel whether this is a safe-harbor response, a state-law answer, or a settlement. The number goes on the internal list for five years. The list is re-scrubbed. The procedures document, if it turned out to be thin, is rewritten this week, and every agent signs the new one, because the next letter is decided by what exists today.<\/p>\n<p>And the agent goes back to work, on a list that has been scrubbed within 31 days, with the exit offered on every call and the stop requests logged before the next dial. The <a href=\"https:\/\/realdialer.com\/compliance\/\">compliance hub<\/a> covers the rules across every state a brokerage calls into. A letter on a Thursday afternoon is what the rules look like when they arrive in person, and the agent who kept the records reads it once, hands it to the broker, and makes the next call.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A demand letter, a state attorney general inquiry, or an FTC complaint notice lands on a broker&#8217;s desk naming an agent&#8217;s calls. The three ways a complaint reaches you, what each can cost, the four records that decide whether the safe harbor applies, the ten-business-day rule on stop requests, and the five things not to do in the first hour.<\/p>\n","protected":false},"author":1,"featured_media":210,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_realdialer_meta_description":"A demand letter, a state attorney general inquiry, or an FTC complaint notice lands on a broker's desk naming an agent's calls. The three ways a complaint reaches you, what each can cost, the four records that decide whether the safe harbor applies, the ten-business-day rule on stop requests, and the five things not to do in the first hour.","footnotes":""},"categories":[8],"tags":[],"class_list":["post-211","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-calling-compliance"],"_links":{"self":[{"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/posts\/211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/comments?post=211"}],"version-history":[{"count":1,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/posts\/211\/revisions"}],"predecessor-version":[{"id":310,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/posts\/211\/revisions\/310"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/media\/210"}],"wp:attachment":[{"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/media?parent=211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/categories?post=211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/realdialer.com\/blog\/wp-json\/wp\/v2\/tags?post=211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}