Chapter 8 section 5
Under the can spam act every electronic solicitation must include some clear option to opt out of future communications? True or false?
True
Do not call registry
Consumers can request not to be called by commercial telemarketers by adding their names and telephone numbers to the registry.
A business must honor a recipients opt out request within how many business days?
10
CAN-SPAM Act
Enacted to curb the annoying and costly problem of unsolicited commercial, email or spam to both computers and wireless devices without prior permission
What are the fines for breaking the do not call laws?
Find may exceed $40,000 On the state level fines are $500 for the first violation $1000 for the second and $5000 for the third and subsequent violations
What is the penalty for breaking that can spam act?
Fines can exceed $40,000 for each separate email violation
Tortious interference
Introducing a party to break an existing contract
Is it OK for a realtor to ask another realtor's clients who are the properties listed with and what type of agreement they have an expiration date of the contract?
No, they should first ask the realtor for this information. If the realtor refuses to tell the expiration date, then you can ask the homeowner and talk about future contracts
If a consumer ask a company to not call, even if there is an established business relationship can a company still call?
No
Is there an exception for business to business email in the can-spam act?
No
Does North Carolina have its own "Do not call" list?
No, it uses the national list and does not maintain its own specific list. However, having a state law allows the state Attorney General to enforce the law to court actions
Who does the national do not call registry NOT apply to?
Political groups or charities
What are the rules for Express written consent from someone on the do not call registry?
The customer signature is necessary Must use the correct language for use in obtaining Express written consent The name and number only would be considered an inquiry and allows only three months to call Obtaining a signature name and number provides written consent that does not expire until it's rescinded
Who manages the DNC registry?
The federal trade commission
What is an effective and productive way to begin and continue a business relationship?
To get express written permission to follow up
What is an established business relationship?
When someone has made an inquiry, application, purchase, or transaction. It is in effect for 18 months after the consumers last business transaction, delivery or payment Or three months after the consumers last inquiry or application
Does the do not call restrictions reply to real estate agents?
Yes
Can you tell a Market or seller call a consumer with whom it has an established business relationship?
Yes, even if they are on the do not call registry.
If a consumers number is not on the DNC registry, can they still prohibit individual telemarketers from calling?
Yes, they can buy asking to be put on the companies own internal Do not call list.
Can a licensee call a FSBO if she has a legitimate buyer?
Yes. The only time they cannot call is if they're trying to market real estate services even if the for sale by owner telephone number is in an advertisement or on a yard sign.
