Do Not Contact Policy
Notice Regarding TCPA Violations and Legal Responsibility:
A violation of the Telephone Consumer Protection Act (TCPA) can result in penalties ranging from $500 to $1,500 per call or text message.
IMPORTANT: Please note that issues related to alleged violations of Nexus Real Estate Group’s Do Not Contact Policy or any applicable state or federal laws governing communications—including, but not limited to, marketing activities such as phone calls, emails, text messages, and faxes—are not considered Business Claims under Nexus Real Estate Group’s services, contractors, partnerships, and etc.
For matters that are not Valid Claims, agents are required to:
Engage and cover the costs of their own legal representation and bear any associated losses or damages.
Indemnify and hold Nexus Real Estate Group harmless against all losses and damages, including legal fees and costs incurred by the company.
By adhering to these guidelines, agents can help maintain compliance and protect both themselves and Nexus Real Estate Group from potential liabilities.
Compliance with Marketing Regulations:
All businesses, employees, vendors, and partners working with or through Nexus Real Estate Group’s platform must ensure that their marketing activities comply with the regulations set forth by the National ‘Do-Not-Call’ Registry, managed by the Federal Trade Commission (FTC), as well as the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227) and any applicable state laws where business operations are conducted.
Components of the Do Not Contact Policy:
The Nexus Real Estate Group Do Not Contact Policy is comprised of four critical guidelines:
Do Not Call Guidelines
Do Not Email Guidelines
Do Not Fax Guidelines
Do Not Text Guidelines
Compliance Requirements:
Certification: All businesses, employees, contractors, vendors, and partners must complete and sign a Do Not Contact Certification as part of their onboarding and compliance process with Nexus Real Estate Group unless they accept website terms.
Support and Guidance: Any questions regarding compliance with this policy should be directed to Nexus Real Estate Group’s legal counsel or your organization’s designated legal advisor.
Accessing Do Not Contact Tools: Through the Nexus Real Estate Group Compliance Portal, all platform users can:
Check phone numbers against the National Do Not Call list, applicable state-specific lists (e.g., Indiana, Pennsylvania, Texas, Missouri, Wyoming), and the Nexus-specific Do Not Call list (collectively, the DNC Lists).
Verify email addresses against the Nexus-specific Do Not Email list (DNE List).
Review fax numbers using the Nexus-specific Do Not Fax list (DNF List).
Cross-check cell phone numbers against the Nexus-specific Do Not Text list (DNT List).
Confidentiality Notice:
Under no circumstances may you share information obtained from or permit any unauthorized use of the Nexus Real Estate Group Do Not Contact Compliance Portal. All data and resources provided through this platform are strictly confidential and intended solely for authorized users within Nexus Real Estate Group’s platform.
Education and Training:
Access to Policy and Tools:
Nexus Real Estate Group will provide access to the Do Not Contact Policy and the Nexus Do Not Contact Compliance App through the company’s portal or resources.Additional Learning Resources:
For questions about further training materials, please reach out to us or the department responsible for education and compliance programs.
Do Not Email Policy and Guidelines:
The CAN-SPAM Act of 2003 became effective January 1, 2004. The law governs the sending of commercial e-mail messages and requires any commercial e-mail (i) to be labeled as an advertisement, (ii) to have an opt-out mechanism, and (iii) provide a physical address of the sender. This law pre-empts all state anti-spam laws. At this time there is a national Wireless E-mail Domain Name List, however, there is not a national Do Not E-mail Registry allowing consumers to register an email address.
Sending Any E-mail Message:
The information in the header and subject line may not be false or misleading. Header information is the source, destination, and routing information attached to an e-mail that identifies the computer used to initiate a message. Header information also includes the “from” line in an e-mail message. The subject line describes the contents or subject matter of the e-mail message.
Sending Commercial E-mail Messages:
Prior to sending a commercial e-mail you must check the e-mail addresses (including business e-mail addresses) of the intended recipients against the Company Specific DNE List. A commercial e-mail is any e-mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.
If the e-mail address is on the Company Specific DNE List, you may NOT e-mail that recipient (unless there is an exemption for affirmative consent or a transactional or relationship message, as set forth below).
If the e-mail address is not on the Company Specific DNE List, you may e-mail that recipient.
Permissible Commercial E-Mail Messages and Exemptions:
Any recipient not on the Company Specific DNE List.
Exemptions to the DNE Rules:
a. Any recipient that provides affirmative consent, e.g. such consent can be in response to a clear and conspicuous request for such consent or at the recipient’s own initiative.
b. An e-mail message that is a transactional or relationship message. A transactional or relationship e-mail is a message whose primary purpose is to facilitate, complete, or confirm a commercial transaction.
NOTE: Unlike the Do Not Call rules, there is no exemption for an established business relationship.
Sending A Commercial E-Mail Message:
You may send a commercial e-mail message (advertisement or promotion) only if such e-mail message provides (i) clear and conspicuous identification that the message is an advertisement, such as using ADV in the subject line; (ii) a clear and conspicuous opt out mechanism, i.e. the ability of the recipient to request, via return e-mail or by visiting one page on a website, to not receive future commercial e-mail (you cannot charge a fee or ask for any personal information in order to fulfill the opt-out request); and (iii) a physical postal address of the sender, i.e. your company.
Adding a Recipient to the Company Specific Do Not E-mail List:
If you send commercial e-mail and the recipient opts out, i.e. requests “not to be e-mailed again”, you must immediately place the recipient’s e-mail address on the Company Specific DNE List.
NOTE: There is no expiration on an opt-out request.
Do Not Fax Policy and Guidelines:
Pursuant to the Junk Fax Prevention Act and the Telephone Consumer Protection Act, a person can only send an “unsolicited advertisement” to a fax machine if (i) you have an established business relationship with the recipient, (ii) you obtained the fax number voluntarily from the recipient, i.e. through your established business relationship or through a public source such as a directory or Internet website, (iii) you include an opt-out notice on the first page of the fax, AND (iv) the recipient has not made a request to not receive future unsolicited fax advertisements. In addition to the requirements and restrictions under the two federal laws noted above, your state may have state laws that contain additional requirements which you must also comply with.
Sending Any Message to a Fax Machine:
Any message sent to a fax machine must (i) contain the date and time it is sent and (ii) identify the business or individual sending the fax, or the business or individual on whose behalf the fax is being sent, i.e. name of the business or individual and phone number.
Prior to Sending an Unsolicited Advertisement to a Fax Machine:
Prior to sending an unsolicited fax advertisement, you must check the fax number of the intended recipient(s) against the Company Specific Do Not Fax (DNF) List. An unsolicited advertisement is any material advertising the commercial availability or quality of any property, goods, or services which is sent to any person without that person’s prior express invitation or permission, in writing or otherwise.
If the fax number is on the Company Specific DNF List, you may NOT fax an unsolicited advertisement to that recipient.
Sending an Unsolicited Fax Advertisement to a Fax Machine:
You may send an unsolicited fax advertisement if (i) you have an established business relationship with the recipient, (ii) you obtained the fax number voluntarily from the recipient, i.e. through your established business relationship or through a public source such as a directory or Internet website, (iii) you include an opt-out notice on the first page of the fax, AND (iv) the recipient has not made a request to not receive future unsolicited fax advertisements.
Record Retention:
You shall maintain all your own documents demonstrating a recipient’s prior express invitation or permission to be faxed, and your company will maintain all its documents demonstrating a recipient’s prior express invitation or permission to be faxed, in each case for as long as such documents are being relied upon and 2 years thereafter.
NOTE: If you are no longer with the company, you must provide the company with copies of all documents required to be maintained by you.
Additional State-Specific Notes:
California: An established business relationship exemption is NOT recognized for faxes sent within California. You must have the recipient’s oral or written permission prior to sending an unsolicited fax.
Florida: You may NOT send an unsolicited intrastate fax advertisement. Interstate faxes follow the general rule set forth above.
Wisconsin: Intrastate faxes must be 1 page, sent between 9 pm and 6 am, with a prior business relationship and no opt-out request. Interstate faxes follow the general rule set forth above.
NOTE: There is no expiration on an opt-out request.
Do Not Call Policy and Guidelines:
The Do Not Call rules became effective as of October 1, 2003. The rules govern telephone solicitations and create a National Do Not Call Registry. The rules preempt all less restrictive state Do Not Call rules but not more restrictive state Do Not Call rules. In other words, you must comply with the more restrictive aspects of the federal and state rules.
Prior to Making a Sales Call to a Residential or Cellular Telephone Number Updated March 2022:
You MUST check a phone number for inclusion on the DNC Lists prior to making a sales call. A sales call means any phone call to a residential or cellular telephone number that is made for the purpose of encouraging the sale, purchase or rental of, or investment in, property, goods, or services.
If the phone number is on any of the DNC Lists, you may NOT call that phone number (unless there is an exemption for written consent, an established business relationship or a personal relationship, as set forth below).
If the phone number is not on any DNC List, you may call that phone number.
NOTE FOR FLORIDA: You must also check a phone number for inclusion on the Florida Department of Agriculture & Consumer Services “no sales solicitation list.”
Permissible Sales Calls and Exemptions:
Any consumer NOT on a DNC List.
Exemptions to the Do Not Call Rules: (a) Any consumer that provides express written consent (such consent must include the consumer’s signature and phone number). For example, an Open House Sign-In Sheet can be modified in order to obtain consent. You may also obtain written consent via e-mail.
NOTE: If a consumer provides written consent and then subsequently requests not to be called, you must destroy such written consent.
(b) A consumer with whom you or the company has an established business relationship. An established business relationship means a prior or existing relationship formed on the basis of the consumer’s purchase or transaction with the person or company making the call. This exemption will apply to: (i) a consumer you are currently representing; (ii) a consumer you represented in a transaction if the sales call is within 18 months of the date of last purchase, transaction, or representation (e.g. date of closing); or
(iii) a consumer who makes an inquiry if the sales call is within 3 months from the date of the inquiry. (iv) a consumer with whom you have a personal relationship (i.e. non-business related).
NOTE: Regardless of an applicable exemption, if a consumer requests not to be called, you must place such consumer on the company specific DNC list (“Company Specific DNC List”) and you can no longer make sales calls to that consumer.
Do Not Text Policy and Guidelines:
The Telephone Consumer Protection Act (TCPA) prohibits text messages sent to a mobile phone using an (i) automatic telephone dialing system (i.e., not manually creating the text message) or (ii) artificial or pre-recorded voice recordings unless the consumer has provided prior express written consent. Manually sent text messages do not require consent unless the cellphone number is on a Do Not Call list.
Sending an Unsolicited Text:
An unsolicited text must include opt-out language. Example opt-out language: “Text a single word to cancel or opt-out: [e.g., STOP, UNSUBSCRIBE, END].”
NOTE FOR FLORIDA: In Florida, you will (i) only send text messages between 8 am and 8 pm (local time, to any Florida area code) and (ii) not send more than three text messages during any 24-hour period to the same recipient.
Sending an Unsolicited Text using an Autodialer:
You may only send an unsolicited commercial text message using an autodialer if you have the recipient’s prior express written consent.
NOTE FOR FLORIDA: In Florida, you must obtain express written consent prior to sending a text as per local regulations.
Adding a Recipient to the Company Specific Do Not Text (DNT) List:
If you send a lawful commercial text message using an autodialer and the recipient opts out (i.e., requests “not to be texted again”), you must immediately place the recipient’s cellphone number on the Company Specific DNT List.
NOTE: There is no expiration on an opt-out request.
Record Retention:
You shall maintain all your own documents demonstrating a recipient’s prior express invitation or permission to be texted via an autodialer, and your company will maintain all its documents demonstrating a recipient’s prior express invitation or permission to be texted, in each case for as long as such documents are being relied upon and 4 years thereafter.
Nothing in these policies and terms is intended to establish an employment relationship. Any affiliation with Nexus Real Estate Group, whether as a business, employee, vendor, contractor, or partner, is strictly intended to be that of an independent contractor or independent participant on the Nexus Real Estate Group platform.
Frequently Asked Questions:
These Frequently Asked Questions should be read in conjunction with the Company’s Do Not Contact Policy and will be updated periodically.
I - The Do Not Call Rules:
The Do Not Call rules became effective as of October 1, 2003. The rules govern telephone solicitations and create a National Do Not Call Registry. The rules preempt all less restrictive state do not call rules.
Can I call a consumer referred from a relocation company or another real estate broker? The rules regarding calling a referral are not entirely clear. If a legitimate referral is provided to you as a result of a consumer’s request to be contacted, you may call that consumer promptly. However, personal referrals (e.g., a friend tells you that a neighbor needs a real estate agent) must be checked against the Do Not Call list before calling.
Can I call a FSBO (For Sale By Owner) or an expired listing? If you have a legitimate interested buyer, you may call a FSBO or expired listing solely on behalf of that buyer. If not, or if you are calling to market your services, you must check if the number is on a Do Not Call list. Sales calls to FSBOs and expired listings follow the standard Do Not Call Policy rules.
Can I call a business to discuss commercial real estate opportunities? Yes, business-to-business calls are not subject to the Do Not Call rules, as long as the call is related to a legitimate business inquiry and not a consumer solicitation.
Can I send a text message to a consumer if they are on the Do Not Call list? You may only send text messages to consumers on the Do Not Call list if you have obtained prior express written consent, particularly when using an autodialer.
Can I call someone I previously worked with, even if they are on a Do Not Call list? If you have an established business relationship with the consumer, you may call them for up to 18 months after the last transaction. However, if the consumer has explicitly asked not to be contacted, you must respect their request regardless of this exemption.
What if I am conducting a survey? A legitimate survey that solely aims to collect data for analysis is not considered a sales call. Surveys must not involve any marketing activities.
Can I call an agent for recruiting purposes? Recruiting calls intended to encourage an agent to affiliate with the company are not considered sales calls and are not subject to the Do Not Call Policy.
Can I make a phone call on behalf of a charity or charity event? Yes, if the call is solely for a legitimate charitable organization and does not involve marketing your services. Avoid mentioning the company’s name; refer only to the charity or charity event.
Can I call neighbors of a new listing to invite them to an open house? Since the purpose of such calls is often to market your services, these calls are considered sales calls and must be checked against the Do Not Call list.
Can I leave a voicemail if the consumer is on the Do Not Call list? No, leaving a voicemail for a consumer on the Do Not Call list is considered the same as making a direct call and is not permitted unless an exemption applies.
II - The Do Not E-mail Rules:
The CAN-SPAM Act of 2003 requires all commercial e-mails to (i) be labeled as advertisements, (ii) include an opt-out mechanism, and (iii) provide a physical address of the sender. There is no national Do Not Email Registry.
What is a commercial e-mail message? Any e-mail whose primary purpose is to advertise or promote services or products.
When do I need to check e-mail addresses against the Do Not E-mail Lists? Prior to sending any commercial e-mail message, you must verify the email address against the Company Specific Do Not E-mail List.
Can I send internal e-mails to colleagues within my company? Yes, internal communications within the company are not considered commercial e-mails under the CAN-SPAM Act.
III - The Do Not Fax Rules:
Pursuant to the Junk Fax Prevention Act, a person can only send an “unsolicited advertisement” to a fax machine if they have an established business relationship with the recipient and include a proper opt-out notice.
What is an unsolicited advertisement? Any material advertising the commercial availability or quality of property, goods, or services without prior express invitation or permission.
Is a purchase offer faxed to another broker or client considered an unsolicited advertisement? No. A purchase offer is not considered an advertisement of the commercial availability or quality of a property.
Disclaimer: Nothing in this document is intended to establish an employment relationship. Any affiliation with the Company, whether as a business, employee, vendor, contractor, or partner, is strictly intended to be that of an independent contractor or independent participant on the Company’s platform.
These FAQs are intended to provide clarity and guidance on compliance with the Do Not Contact Policy. For additional questions, please contact us.
