CAN SPAM Compliance

Realtors® use email as a big part of their business whether it’s advertising open houses or staying in touch with former clients, and sometimes those communications can run afoul of federal anti-spam law.  The CAN SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) covers ALL commercial email communications, not just spam or bulk email.  If you are emailing fellow agents an advertisement about an open house you have this weekend, that communication falls under the CAN SPAM Act.  And violations can cost some big bucks, as much as $16,000 in some cases.  So don’t violate the law and open yourself up to financial penalties, follow some simple rules and you will be compliant.

  1. Each email you send for business purposes must have a legitimate return address and must clearly state in the subject line the purpose of the email
  2. Clear and conspicuous notice for the recipient to “opt-out” of future emails and promptly honoring opt-out requests.
  3. Clearly indicate that the email is an ad early on in the message.

To read more about the CAN SPAM Act, visit the Federal Trade Commission’s website.

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