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OFFICIAL MAGAZINE OF THE NATIONAL ASSOCIATION OF REALTORS®

QUIZ: CAN-SPAM Act

 If you use e-mail as a marketing tool, it’s vital that you understand how to comply with the federal Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. The CAN-SPAM Act created a single national standard designed to control the growing problem of deceptive or fraudulent commercial e-mails. It went into effect on Jan. 1, 2004. Take this quiz to reduce your risk of liability and avoid steep fines.

1.What types of e-mails are covered by CAN-SPAM?





2.All of the following practices are required by CAN-SPAM to be included in all commercial e-mails EXCEPT:





3.A brokerage sends its clients many different types of e-mails, such as a monthly newsletter, property information, and product offerings from affiliated businesses. Which of the choices below is a valid opt-out mechanism that the brokerage can provide to clients in these e-mails?





4.E-mails exclusively containing property listing information:





5.A broker sends e-mails to buyer-clients (with whom he has a written representation agreement) when a new listing enters the MLS that meets the buyers’ search criteria. These e-mails do not need to comply with CAN-SPAM. Why?





6 .A salesperson sends current and past clients a monthly electronic newsletter. In the newsletter, the salesperson promotes her real estate services and requests both referral business as well as new business from the clients. A newsletter like this is:





7 .In order to market properties, a brokerage is planning to gather e-mail addresses from the MLS Web site and the homeowner associations’ Web sites that the brokerage helps to manage. Is this lawful?





8 .A salesperson gathers consent from all of her clients so she can send e-mails to them. By gaining consent, which of the following requirements do not have to be met:





9 .Commercial e-mails sent to a wireless device, such as a cell phone or PDA:





10.State e-mail laws are:





11.I receive a lot of unsolicited junk e-mails. How do I avoid receiving these e-mails?