Legal
Federal laws regulate the use of email, telephone, and fax for solicitation purposes. None of these requirements are new, and instead this article is intended to serve as a resource for basic compliance with each set of laws. It is important to remember that state laws continue to govern intrastate communications and so you will need to be familiar with any such laws in your state.
Email Requirements
CAN SPAM requires that all commercial electronic mail messages contain the following:
- a legitimate return e-mail and physical postal address;
- a clear and conspicuous notice of the recipient's opportunity to “opt-out,” or decline to receive any future messages;
- an opt out mechanism active for at least 30 days after message transmission; and
- a clear and conspicuous notice that the message is an advertisement or solicitation.
A consumer’s opt out request must be honored within ten days. The business can give the consumer a menu of opt out options If a consumer consents to receiving commercial electronic mail messages from the business, the business must still comply with CAN SPAM’s email requirements, except that the business does not have to mark the electronic mail message as an advertisement or solicitation.
CAN SPAM does not contain a private right of action for consumers, and so the law will be enforced by federal agencies and state attorneys general (Internet service providers may also bring lawsuits against egregious spammers). The recoverable damages are $250/message which violates the Act, up to $2 million total. There are treble damages available for willful violations of the Act.
There have been refinements to the rules over the years, such as how to evaluate an email with both commercial and noncommercial content. In addition, there are specific requirements on how to process opt-out requests. For a more thorough discussion of these rules, click below.
References
NAR Library & Archives has already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require the member's nar.realtor login.
Tips for Fighting Spam
- Use an email filter
- Try not to display your email address in public
- Consider who you provide with your email address
- Unsubscribe from unwanted emails
- Report spam to your email provider and the sender’s email provider
- Forward unwanted/deceptive email to the Federal Trade Commission
Source: How to Get Less Spam in Your Email (Federal Trade Commission, May 2021)
Avoiding Spam
How to Get Rid of Spam Emails (Norton, Jun. 14, 2023)
If the spam keeps rolling in, it could mean your email address was exposed in a data breach. It can be hard to prevent spam when cybercriminals have your information. One option in this case is to change your email address.
How to Spot a Scam Email (and Scam Texts) (PCWorld, Jun.1, 2023) E
An email from someone you know suddenly arriving in your inbox with no warning is a red flag. Typically, when we get email from our family or friends, it’s about a topic we are actively discussing, so when there is no warning of an incoming email, tread lightly; it could be a scam.
What Spam Email Is and How to Stop It (U.S. News & World Report, Oct. 12, 2022)
It’s important to avoid responding to spam messages. Responding allows the malicious actors to know the account is active, potentially opening the door to more unwanted emails, as Norton points out.
CAN-SPAM & the Do-Not-Email Registry
What is the CAN-SPAM Act and How Does It Affect You? (Sleeknote, Jun. 26, 2023)
It is also important to monitor and track email campaigns to ensure that they are not being flagged as spam by email providers or recipients. By following these best practices, businesses can maintain compliance with the CAN-SPAM Act and build a positive reputation with their email subscribers.
The CAN-SPAM Act: How to Stay Compliant in 2023 (UnsubCentral, 2023)
Stay compliant with CAN-SPAM by managing opt-outs, checking your unsubscribe links, including your current mailing address, and ensuring your email content is not misleading.
The CAN-SPAM Act: A Compliance Guide for Business (Federal Trade Commission, edited Feb. 2023)
“Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
"Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,120, so non-compliance can be costly."
What Nonprofits Must Do to Comply With the CAN-SPAM Act (The Balance Small Business, Mar. 27, 2020)
Associations aren’t exempt from CAN-SPAM requirements, particularly if they offer products, classes, or events for purchase. In addition, the CAN-SPAM Act doesn’t specify exemptions for nonprofits, so it’s best to stay compliant with the rules.
Phishing: What You Need to Know
What is Phishing? Everything You Need to Know to Protect Yourself from Scammers (ZDNet, Apr. 8, 2023)
Training, training and more training. It might seem like a simple idea, but training is effective. Teaching staff what to look out for when it comes to a phishing email can go a long way to protecting your organization from malicious attacks.
Phishing Attacks are Increasing and Getting More Sophisticated. Here’s How to Avoid Them (CNBC, Jan. 10, 2023)
If a suspicious-looking message comes in from a known source, reach out to the person or company via a separate channel and inquire as to whether they sent the message, Burn said. “You’ll save yourself a lot of trouble and you’ll alert the person or company to the phishing scam if the email did not originate from them,” he said.
Anatomy of a Phishing Email: How to Spot a Fake (BitLyft, Jan. 6, 2023)
Phishing emails depend heavily on the manipulation of human emotions. In an attempt to avoid a practical response, phishing emails often use urgent or threatening language to make the target respond quickly. It's common for these emails to say there is a problem that must be resolved quickly to avoid consequences.
If a suspicious email looks like it’s from a friend, coworker, or business associate, it is a good idea to verify the validity the email by contacting the sender. However, don’t reply to these emails directly. Instead, reach out to the person another way, such as by phone, text, or chat.
Useful Websites
Unwanted Emails, Texts, and Mail (Federal Trade Commission)
How to deal with unwanted text messages, spam phishing emails, and junk mail.
Internet Crime Complaint Center (IC3) (Federal Bureau of Investigation)
Anyone can become a victim of internet crime. Take action for yourself and others by reporting it. Reporting internet crimes can help bring criminals to justice and make the internet a safer place for us all.
ReportFraud.ftc.gov (Federal Trade Commission)
“ReportFraud.ftc.gov is the federal government's website where you can report fraud, scams, and bad business practices.”
eBooks & Other Resources
Books, Videos, Research Reports & More
As a member benefit, the following resources and more are available for loan through the NAR Library. Items will be mailed directly to you or made available for pickup at the REALTOR® Building in Chicago.
eBooks.realtor.org
The following eBooks and digital audiobooks are available to NAR members:
Blocking Spam & Spyware for Dummies® (eBook)
Understanding Security Issues (eBook)
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