Kai Data, LLC (Kai Data) and its Vulcan7 Service (Vulcan7) strives to keep Real Estate Agents legally compliant
Quick Links
1. Introduction
The purpose for Real Estate Agents to use Vulcan7 is to create a time-saving tool, as well as striving to keep Real Estate Agents legally compliant.
2. Vulcan7 Dialer Compliance
The Vulcan7 Dialer System is not an Autodialer.
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- The Vulcan7 Dialer System requires human intervention to use the Dialer System, and to make each dial; it cannot, and does not, dial on its own.
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- The Vulcan7 Dialer System cannot store, or produce, telephone numbers, using a random or sequential number generator.
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- The Vulcan7 Dialer System has the capacity to make only one (1) phone call at a time.
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- The Vulcan7 Dialer System requires that the Real Estate Agent, who is making the call, be present, on the phone line, for each phone number, which is being dialed.
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- The Vulcan7 Dialer System does not provide the functionality to be able to send a Short Message Service (SMS) or text.
- The Vulcan7 Dialer System does not provide the functionality to be able to leave pre-recorded or artificial Voicemail Messages.
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2a. National DNC Registry Compliance
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- All phone numbers that are added by Vulcan7, that are on the National DNC registry, are labeled DNC the first time they are uploaded to the Real Estate Agent's Vulcan7 account.
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- Based on the intent of the phone call, at the beginning of each dial session, the Real Estate Agents must choose whether to include or exclude numbers on the National DNC registry.
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2b. DNC Compliant Reference Links:
2c. Robocalls and DNC Registry Reference Links:
3. Vulcan7 CRM Compliance
Kai Data continually updates the Vulcan7 CRM to comply with all guidelines and regulations. They include many of the following:
3a. Email Compliance with Can-Spam Act
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- When Real Estate Agents import data to their Vulcan7 account, they are first prompted with a reminder of the guidelines and regulations.
- The Real Estate Agents are then prompted to flag a contact that has 'opted-in' to their email list. Anyone that has not opted in will be excluded from email campaigns.
- When Real Estate Agents export from their Vulcan7 account, they are again reminded of the guidelines and must agree to them before exporting contacts.
- We provide Real Estate Agents with information regarding the various acts and guidelines.
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3b. Texting Compliance with Can-Spam Act
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- Real Estate Agents do NOT have the ability to text from Vulcan7 application.
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4. Vulcan7 Real Estate Compliance
Kai Data strongly recommends that Real Estate Agents comply with all the Rules and Regulations for:
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- State Licenses
- Realtor Standard of Practice Code of Ethics
- MLS and State Board Rules and Regulations
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4a. Real Estate Compliance Reference Links
5. Legal Statutes and Regulations
Kai Data, LLC strongly recommends that Real Estate Agents read, study, and comply with the following Statutes and Regulations:
A. Telemarketing And Consumer Fraud And Abuse Prevention Law/Regulation
15 USC Ch. 87 / Sec. 6101-6108
(Title 15 of the United States Code, Chapter 87, Sections 6101 through 6108)
Website:Telemarketing And Consumer Fraud And Abuse Prevention
(https://uscode.house.gov/
B. Telemarketing Sales Rule
(As Promulgated by the Federal Trade Commission)
16 CFR 310.1 – 310.9
(Code of Federal Regulations, Title 16, Chapter 1, Subchapter C, Part 310, Sections 310.1 through Section 310.9)
Website: Telemarketing Sales Rule
(https://www.ecfr.gov/current/
Some States have a “State” Telemarketing Sales Rule. The States also have certain Laws, Rules, and Regulations, relative to Telemarketing Licensing Requirements, and Telemarketing Registration Requirements.
C. Restrictions On Telemarketing, Telephone Solicitation, And Facsimile Advertising
47 CFR, Part 64, Subpart L, Sections 64.1200-64.1202
(Title 47 of the Code of Federal Regulations, Chapter 1, Subchapter B, Part 64, Subpart L, Sections 64.1200 through 64.1202)
Website:
RESTRICTIONS ON TELEMARKETING, TELEPHONE SOLICITING, AND FACSIMILE ADVERTISING (https://www.ecfr.gov/current/
D. Telephone Consumer Protection Act (TCPA)
47 USC Section 227
(Code of Federal Regulations, Title 47 of the United States Code, Section 227)
Website:
TELEPHONE CONSUMER PROTECTION ACT / TCPA (https://www.fcc.gov/sites/
Some States have a “State” Telephone Consumer Protection Act (TCPA).
E. The Truth In Caller ID Act
16 CFR (Code of Federal Regulations) §310 4(a)(8)
47 CFR (Code of Federal Regulations) §64.1601(e)
47 CFR (Code of Federal Regulations) §64.1604
F. National Do-Not-Call Registry
15 USC, Section 6151
(Title 15 of the United States Code, Chapter 87A, Sections 6151 through 6155)
Website:
NATIONAL DO-NOT-CALL REGISTRY (http://uscode.house.gov/view.
Also, in addition to the National Do-Not-Call Registry, some States have a “State” Do-Not-Call Registry.
G. The “Controlling The Assault Of Non-Solicited Pornography And Marketing Act Of 2003” / The “Can-Spam Act Of 2003”
15 USC, Sections 7701 – 7713
(Title 15 of the United States Code, Sections 7701 through 7713
Website:
THE CAN-SPAM ACT OF 2003
H. The “Pallone-Thune Telephone Robocall Abuse Criminal Enforcement And Deterrence Act” (“STIR/SHAKEN”)
(The “Pallone-Thune Traced Act”)
47 USC Section 227 (47 USC 227)
(Title 47 of the United States Code, Section 227)
Website:
THE TRACED ACT
(https://www.congress.gov/
I. The Recording And/Or Transcribing Of Conversations
There are State and Federal Laws, Rules, and Regulations, relative to the Recording and/or Transcribing of Conversations, and, in particular, relative to the Recording and/or Transcribing of Telephone Conversations. The State Laws, Rules, and Regulations, relative to the Recording and/or Transcribing of Conversations, vary from State to State.
In the event that you have questions about any of the Laws, Rules, and Regulations, please consult with an Attorney.
6. Vulcan7 Contact Information
Please send all written correspondence to:
Kai Data, LLC
3814 West Street Ste. 104, Cincinnati, OH 45227
Or email to compliance@vulcan7.com