An agent calls an expired listing owner. It seems that the reality that your phone number was part of you lisitng seems to me to remove any DNC liability.

You are an agent, unless you're a secret agent, you're not on the DNC. And...
We can call any agent or owner we want that was listed on the MLS unless otherwise stated. The cancelled listing on it's own is not communicating DNC. Now, as a relational REALTOR, I do not call expired, cancelled and withdrawn properties, but objectively, the aforementioned is my opinion regardless of my personal style.

Does it really matter if it is a DNC violation, given that there are no consequences for violating that I am aware of?  

Enjoy the rest of your day, Peter Mohylsky, Broker - Happy Sunday! 

100%. The DNC should not apply in this situation. First, you are an Agent with a publicly listed number and probably public email. Second, you listed your home and published such information, no telling who saw and saved your information. Just because you un-listed for a reason, an Agent followed up to on that, not just a random call. You are being too sensitive.

I think you have to be listed on the DNC registry. And I also think, if you ever talked to the person calling, some type of relationship has been established, so DNC doesn't apply. I haven;t heard anyone mention DNC in over 10 years.

Is there a true enforcement mechanism if it is a violation? That's the bigger question. It may be a violation- but even before I became an agent- no one was enforcing these issues- perhaps if it's a massive operation, but an individual violation...I doubt it.  

DNC's do not apply to businesses from what I have heard, and since your number is used for your business...

Peter

I have learned to make allowances when dealing with the public and it works in my favor too. Police & law enforcement have to deal with these issues finding closing one eye sometimes or a warning, works out best Peter Mohylsky, Broker ...great share

IDK, Peter.

Peter Mohylsky, Broker we are public figures and our numbers are everywhere. I don't believe it was a DNC violation, it was simply an agent who did not take the time to read.🤓

So many exceptions to a violation and so little enforcement that for practical purposes it does not matter. Many large companies have been accused of using the DNC list as a source of numbers over the years. 

I don't believe so. I remember hearing that if you've listed your home you've "invited" people to call you.

Haha, the classic "oblivious agent text"! 😂 To answer your question: since it was a canceled MLS listing, if your cell is on the registry, it is technically a technical DNC violation unless they cross-checked the list. But the real crime here is bad data scraping! This is exactly what happens when people use cheap automated list pullers without verifying who they are actually texting. A 10-second check would have saved them from pitching a Broker on his own house! 🤦‍♀️ Safe to say their data needs a serious audit. Great PSA, Peter!

Yes, it is a DNC violation.  It is an unsolicited call for commercial services.  

In California even the expired and cancelled listings need to be scrubbed against the DNC list.  A listing that expired or cancelled revoked it's permission to be called when it went off the market (per the CAR Legal).  This has come up on our statewide Broker calls in the past.