Fairstone Properties' Company

Do Not Call Policy

Fairstone Properties understands our clients' need for privacy.  In an effort to protect them, the following is a list of strict guidelines that all Fairstone Properties' brokers are required to follow.  If you have any questions about this policy, please contact Fairstone Properties at broker@fairstone.com.

COMPLIANCE
All Fairstone Properties' Brokers are required to comply with Federal, state and local laws, statutes, ordinances, rules and regulations applicable to telephone calls made to consumers to market goods or services.  In particular, Fairstone Properties' Brokers are encouraged to familiarize themselves with the Federal Trade Commission's (FTC) Telemarketing Sales Rules and the National Do-Not-Call Registry by visiting the FTC's Web site. (http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt129.htm)

NATIONAL DO NOT CALL REGISTRY ACCESS
The FTC's National Do Not Call Registry for the telephone area codes in the company market area is available to every Fairstone Properties Broker via https://telemarketing.donotcall.gov.  Brokers can login as a "Downloader" and use the interactive search function to check numbers prior to calling.  Fairstone Properties' Principal Broker has the login information available upon request to all Brokers.

EXEMPTIONS
All Brokers are required to check all numbers that they call, no longer than 24 hours prior to calling, against the National Do Not Call List and the Company Do Not Call List unless the phone call falls under an exception to the Do Not Call Law.  Exempt Organizations include charities or certain non-profit organizations, organizations engaged in political solicitations or surveys, or Sellers or Telemarketers that call ONLY consumers with whom they have an established business relationship or from whom they have obtained the express written agreement to call. See 16 CFR § 310.4(b)(1)(iii)(B)(i) and (ii).

ESTABLISHED BUSINESS RELATIONSHIP EXEMPTIONS
Under the "established business relationship" exemptions, even if the client's telephone number is on the National Do Not Call Registry, a telemarketing telephone call may be made to a consumer with whom the Fairstone Properties Broker has had an established business relationship for up to 18 months after the end of the transaction.  If a consumer makes an inquiry to a Fairstone Properties Broker, a telemarketing call may be made for up to three months after the consumer makes the inquiry, even if the consumer's telephone number is on the National Do Not Call Registry.

TELEMARKETING COLD CALLS (including farming, just listed, and just sold telephone calls)
These numbers are usually provided to Fairstone Properties Brokers through outsourcing companies (typically a recognized Title Company) and are checked against the National Do Not Call List prior to being provided.  Prior to placing a "cold call" to a prospective new client's residence, Fairstone Properties' Brokers are required to have had the numbers checked against the National Do Not Call Registry and the company's do not call list, either by the Title Company or the Broker themselves.  If the consumer's telephone number appears on the either of those lists, the agent must not place the call. If the consumer's number is not on either list, the agent may pursue the call.  Despite the fact the telephone number is not on either of the No-Call Lists, if the consumer states he/she thought his/her number WAS on the list, the agent should apologize and offer to help to confirm the number is correctly placed on the National Do Not Call List.  If it is not an amiable conversation apologize and terminate the call.

EXPIRED LISTINGS OF OTHER BROKERS
Fairstone Properties' Brokers are not permitted to call any person whose property was listed with another broker, but has expired, without first checking the National Do Not Call Registry and the Company Do Not Call List first. If the consumer's telephone number appears on either list, that person may not be called.  If the consumer's number is not on either list, the agent may pursue the call.  Despite the fact the telephone number is not on either of the No-Call Lists, if the consumer states he/she thought his/her number WAS on the list, the agent should apologize and offer to help to confirm the number is correctly placed on the National Do Not Call List.  If it is not an amiable conversation apologize and terminate the call.

EXPIRED LISTINGS OF FAIRSTONE PROPERTIES' BROKERS
A Fairstone Properties Broker may call a person who, within the previous 18 months, had listed his/her property with Fairstone Properties. However, if that person has requested that Fairstone Properties not contact them and they are on the Company Do Not Call List, they may not be contacted.

FOR SALE BY OWNERS ¿ (FSBOs)
Fairstone Properties' Brokers may contact a FSBO by telephone on behalf of a buyer client with whom the agent is working, if that client is interested in viewing and possibly purchasing the property.  If the buyer sees the property and is not interested in pursuing a purchase, but the agent would like to list the property for sale, the agent must first determine whether the seller's telephone number is on the National Do Not Call Registry or on the Company Do Not Call List.  If the seller is NOT on either list, the agent may solicit the listing by phone.  If the seller is on either list, the agent may only call the seller with inquiries on behalf of future prospective buyers - not to solicit the listing.  In this case, agents must be very careful to discuss only their buyer client's interest in viewing/purchasing the property. These restrictions apply to telephone solicitation: agents may solicit FSBO listings in person without restriction.

OPEN HOUSE SIGN-IN SHEETS
All Fairstone Properties' open house sign-in sheets must have a space next to the prospective buyer's name for their telephone number and a space to request for permission to contact them by phone. The sign-in sheets must be completed by the prospective buyer.

IF the Broker has obtained this express written permission to call the prospect's residence, he/she may do so even if the prospective client's phone number is listed on the National Do Not Call Registry or the company's do-not-call list.

ESTABLISHING AND MAINTAINING THE "COMPANY-SPECIFIC" DO NOT CALL LIST
If a Fairstone Properties Broker telephones an individual who requests not to receive future telephone calls from Fairstone Properties, the Broker will record the name of the person called, the telephone number called, and the date and time of the call.  The Broker will report that information via written memorandum or email, to Fairstone Properties' Principal Broker at Broker@Fairstone.com. She has the responsibility to maintain the "Fairstone Properties' Brokerage¿specific" Do Not Call List.  Within 24 hours of receiving a new name/telephone number, she will add such individual's name and telephone number to the Company Do Not Call List and the updated list will be emailed to all Brokers and employees of Fairstone Properties.  Individual requests to be put on this list must be honored for five years and the request supersedes any exception that would otherwise allow our company to telephone that consumer until those five years have passed or the individual gives permission to be contacted again.

TELEMARKETING CALLS OUTSIDE THE MARKET AREA
If a Fairstone Properties Broker wishes to make a telemarketing call to a residence whose area code is not compared to the Do Not Call list by an outsourcing company and is outside of our market area on the FTC Do Not Call website, the broker must contact a local title agency or title agency website with access to the entire National Do Not call Registry to determine if the telephone number is listed.  Fairstone Properties' Brokers are prohibited from calling any phone number listed on the National Do Not Call Registry.

FAX SOLICITATIONS
Fairstone Properties' Brokers must not transmit a solicitation or advertisement to a telephone facsimile machine of a business or a residential consumer unless we have an established business relationship with the recipient of the transmission.  Brokers may only transmit facsimile solicitations or advertisements to recipients who have given our Company a written consent authorizing such transmissions and indicating the recipient's facsimile number.  When we are authorized to send facsimile solicitations or advertisements, our facsimile machine must clearly mark the date and time the facsimile was sent and the Company's name and telephone number of the sending machine.  Facsimiles may be sent to clients and businesses when they not of a solicitous matter and have to do with past and current transactions.  

EMAIL SOLICITATIONS
Fairstone Properties' Brokers must not transmit a solicitation or advertisement to an email address of a business or a residential consumer unless we have an established business relationship with the recipient of the transmission.  Brokers may only transmit email solicitations or advertisements to recipients who have given our Company a written consent authorizing such transmissions and indicating the recipient's email address.  When we are authorized to send email solicitations or advertisements, our email must indicate the date and time the email was sent along with the Broker's Name, Company Name and relevant contact information.  Emails may be sent to clients and businesses when they not of a solicitous matter and have to do with past and current transactions

COPIES OF POLICY
Brokers must mail a copy of this policy to any residential consumer who requests it, within 30 days.

BROKER AND EMPLOYEE TRAINING
All Brokers and employees are trained on the maintenance of Fairstone Properties' Do Not Call Registry and provided with a copy of this policy.

VIOLATIONS
Any violation or suspected violation of the National Do Not Call Registry regulations, of other laws and regulations and the Company's Telemarketing Policy must be immediately reported to the Company's Principal Broker.  If an agent receives a citation or notice of violation, the agent must immediately report the citation or violation to the Company's Principal Broker.

FINES
If the Company is fined because of a violation by an agent of the National Do Call Registry rules, of any other law or regulation applicable to telemarketing calls or of this policy, the agent will be responsible for payment of any and all fines and/or penalties and shall forfeit any commissions due or that become due until either the fine is paid or the Company is reimbursed.