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
Email Spam Is Breaking Through Again. Here’s What You Can Do to Minimize It (The Washington Post, Jan. 10, 2022)
“More spam than usual appears to be getting through the automatic filters on some free email services, particularly Google’s 18-year-old Gmail. According to cybersecurity firm Proofpoint, there has been a 30 percent increase in the volume of spam this past year across services. The company detected 10 billion additional spam messages in December alone.”
Email Spam (TechTarget, Sep. 17, 2021)
Detailed overview of spam email includes definitions, methods of delivery, a history of spam, spamming techniques, types of spam, and how to block spam.
Spoof Emails: Recognizing Scams in Real Estate (National Association of REALTORS®, Feb 20, 2019)
“Emails made to look like they come from the National Association of REALTORS® and other official real estate organizations are becoming more common as fraudsters try to make money by duping real estate professionals.”
CAN-SPAM & the Do-Not-Email Registry
The CAN-SPAM Act: How to Stay Compliant in 2022 (UnsubCentral, Jan. 3, 2022)
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 Jan. 2022)
“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 $46,517, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements.”
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
Watch for These Words in Email Scams (REALTOR® Magazine, Sep. 13, 2021)
“Expel Inc., which develops cyber security solutions, analyzed 10,000 malicious emails and released a report on the most common keywords found in the subject lines of phishing emails. They found that scammers usually use three strategies in their emails to scam others: imitating legitimate business activities, creating a sense of urgency, and prompting the recipient to act.”
Gone Phishing (REALTOR® AE Magazine, Aug. 3, 2021)
“REALTOR® associations and MLSs are among cyber criminals’ latest targets. Recently, fraudsters used a spoofed email address to send fake invoices that so closely resembled a vendor’s that several REALTOR® associations fell prey to the scam, losing tens of thousands of dollars.”
Avoiding Phishing Emails (UC Santa Cruz, Jul. 29, 2021)
Detailed guidance on how to recognize the warning signs of a phishing attempt, from strange links to manipulated URLs to unfamiliar file name extensions. Includes a decision tree infographic and links to quizzes to test your phishing know-how.
How to Recognize and Avoid Phishing Scams (Federal Trade Commission, May 2019)
Understand how to recognize phishing attempts through a real-world example. Learn four steps to protect yourself from phishing, and how to report a suspected phishing attack.
Useful Websites
Resources Library (National Cybersecurity Alliance, May 2022)
“The National Cybersecurity Alliance is proud to share all our digital resources with you and your organization to help raise awareness on how to stay safe online. Explore and download tip sheets, videos, infographics, logos and anything else you need to raise awareness at home, work, school or throughout your community.”
Consumer Advice (Federal Trade Commission)
The Federal Trade Commission offers articles, alerts and advice for consumers on how to avoid fraud.
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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The inclusion of links on this page does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this page complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.