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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

Real Estate Agents/Solicitors
State Telemarketing Registration and “Do-Not-Call” List Requirements Applied to Calls Made by Real Estate Agents/Solicitors

State

Exempt from Registration Requirements?

Exempt from “Do-Not-Call” List Requirements?

Alabama

Yes, calls by a person soliciting without the intent to complete, and who does not complete the sales presentation until a later face-to-face meeting are exempt. Ala. Code § 8-19A-4(3).

Yes, calls by a person soliciting without the intent to complete, and who does not complete the sales presentation until a later face-to-face meeting are exempt. Ala. Code § 8-19A-4(3).

Alaska

N/A

No.

Arizona

Yes, calls by a person soliciting without the intent to complete, and who does not complete the sales presentation until a later face-to-face meeting are subject to only limited registration requirements. Ariz. Stat. § 44-1273(A)(3).

No.

Arkansas

Yes*, calls by a person soliciting without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. Ark. Code § 4-99-103(9)(C)(v)(a).

Yes, calls by any person who is a real estate licensee, who is a resident of the State of Arkansas and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent, or leasing real estate in accordance with the provisions for which he or she was licensed and not in conjunction with any other offer are exempt. Ark. Code § 4-99-406(1).

California

Yes*, calls by a person licensed under real estate provisions are exempt. Cal. Bus. & Prof. Code § 17511.1(e)(2).

No.

Colorado

Yes, calls by a person or an affiliate of a person whose business is regulated by the real estate commission are exempt. Colo. Stat. § 6-1-302(1)(l).

No.

Connecticut

N/A

No.

Delaware

Yes, calls by a person subject to and licensed by the Delaware Real Estate Commission acting within the scope of his, her or its active and valid license. 6 Del. Code § 2505A(6).

N/A

D.C.

Yes, calls by a person who is a licensed real estate broker within the scope of the broker's license. D.C. Code § 32-3226.05(a)(14).

N/A

Florida

Yes, calls by a person who is a licensed real estate salesperson or broker pursuant to chapter 475 and who is soliciting within the scope of the chapter. Fla. Stat. § 501.604(25).

No.

Georgia

N/A

No.

Hawaii

N/A

N/A

Idaho

Yes, calls by a person whose business is licensed by any federal or state of Idaho governmental agency, except the secretary of state office, which has the power to revoke any license issued by the agency are exempt. Idaho Code 48-

No.

Illinois

N/A

Yes, calls by or on behalf of an individual licensed under the Real Estate License Act are exempt if: (1) setting or attempting to set a face to face appointment for actions relating to that individual's real estate or insurance business; or (B) encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services, which cannot be completed, and for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber. 815 ILCS § 402/5(e)(5).

Indiana

No*

No.

Kansas

N/A

No.

Kentucky

No.

No.

Louisiana

Yes, calls by a person who is licensed under Louisiana real estate law are exempt. La. Stat. § 45:822(B)(2).

No.

Maine

No.

No.

Maryland

N/A

N/A

Massachusetts

N/A

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. Mass. Laws ch. 159C § 1.

Michigan

N/A

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. Mich. Laws § 445.111(1)(m)(3)

Minnesota

N/A

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. Minn. Stat. § 325E.311(6)(4).

Mississippi

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. Miss. Stat. § 77-3-609(c).

Yes, 2 exemptions apply:

1. A person who is a licensed real estate broker who is a resident of the State, and whose call is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in connection with his real estate license and not in conjunction with any other offer. Miss. Stat. § 77-3-711(b).
2. Calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting. Id. at § 77-3-711(a).

Missouri

N/A

Yes, calls by a person licensed by the state to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state are exempt. Mo. Stat. § 407.1095(3)(e).

Montana

Yes, calls are exempt that are made by a person licensed as a real estate salesperson or broker by the state. Mont. Code § 30-14-1405(12).

Yes, calls made by a person licensed by the state of Montana to carry out a trade, occupation, or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation, or profession within the state are exempt. Mont. Code § 30-14-1601(f).

Nebraska

N/A

N/A

Nevada

Yes*, calls by a licensed seller of real estate are exempt. Nev. Stat. § 599B.010(b)(11)(b).

No.

New Hampshire

N/A

No.

New Jersey

N/A

No.

New Mexico

N/A

No.

New York

Yes, calls by a person engaged in a business or occupation which is licensed, registered, chartered, certified or incorporated with or by any state or federal agency are exempt. N.Y. Gen. Bus. Code § 399-pp(10)(a)(5).

Yes, calls in which the sale of goods and services is not completed, until after a face-to-face sales presentation by the telemarketer are exempt. N.Y. Gen. Bus. Code § 399-z(1)(j)(4).

North Carolina

Yes, calls by a person holding a real estate broker's or sales agent's license are exempt. N.C. Stat. § 66-260(11)(k).

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. N.C. Stat. 75-103(a)(5).

North Dakota

N/A

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. N.D. Stat. § 51-26-01(7)(e).

Ohio

Yes, calls by a person that is a licensed real estate salesperson or broker are exempt. Ohio Stat. § 4719.01(B)(21).

N/A

Oklahoma

Yes, calls by a person or an affiliate of a person whose business is regulated by the Oklahoma Real Estate Commission are exempt. 15 Okla. Stat. § 775A.2(1)(k).

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. 15 Okla. Stat. § 775B.2(6).

Oregon

Yes*, calls by a person who is licensed as a real estate agent are exempt. Oreg. Stat. § 646.551(2)(b).

No.

Pennsylvania

Yes, calls by a person or business engaged in a business or occupation which is licensed by, certificated by or registered with a Pennsylvania agency while acting within the scope of the business for which licensure, certification or registration are exempt. 73 Pa. Stat. § 2242(5).

No.

Rhode Island

Yes*, calls by licensed real estate brokers are exempt. R.I. Gen. Stat. § 5-61-2(10)(ii).

N/A

South Carolina

N/A

N/A

South Dakota

N/A

Yes, calls to any person for the purpose of scheduling a later face-to-face meeting which will take place at the solicitor's place of business or the consumer's home, which are not made by an automated telephone dialing system are exempt. S.D. Stat. § 49-31-1(32)(d).

Tennessee

N/A

No.

Texas

Yes, calls by a person who solicits without the intent to complete, and who does not complete, the sales presentation until a later face-to-face meeting are exempt. Tex. Bus. & Com. Code § 38.059(1).

Yes, calls by a state licensee are exempt if: (A) not made by an automated dialing system; (B) the sale is not completed until a face-to-face sales presentation by the seller and the consumer is not required to pay until after the presentation; and(C) the consumer has not informed the telemarketer that he or she does not wish to receive calls.Tex. Bus. & Com. Code § 44.005(b)(5).

Utah

Calls by a broker, agent, dealer, or sales professional licensed under the licensure laws of this state, when soliciting sales within the scope of his license, are exempt. Utah Code § 13-26-4(2)(j).

Yes, calls by a person that holds a license or registration issued by the Division of Real Estate are exempt. Utah. Code § 13-25a-111(2).

Vermont

Calls by a person registered or licensed with, or regulated or chartered by, the secretary of state (which licenses real estate brokers and salespersons) are exempt. 9 Vt. Stat. § 2464a(a)(5).

No.

Virginia

N/A

N/A

Washington

Yes, calls by a person who is licensed as a real estate broker by the state are exempt. Wash. Code 19.158.020(3)(f).

N/A

West Virginia

Yes, calls by a person who is licensed by the state as a real estate broker, associate broker, or real estate salesperson are exempt. W. Va. Code § 46A-6F-216.

N/A

Wisconsin

N/A

No.

Wyoming

No, but only a brief registration statement is required.

No.


*The following states impose registration requirements only if certain prize representations are made: Arkansas, California, Indiana, Nevada, Oregon, and Rhode Island.


 

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