CAN-SPAM Act

Goshen Bank clients are sent a monthly newsletter popular for its articles about the bank and its employees. The newsletter is provided through a link in an email, and the primary purpose of the newsletter is advertising new products and services. How is a newsletter like this evaluated based on the CAN-SPAM Act? A. It is subject to CAN-SPAM because the primary purpose is commercial B. It is not subject to CAN-SPAM if customers had to sign up to receive it C. It is evaluated on an article-by-article basis to determine its primary purpose D. It is not subject to CAN-SPAM because it is a newsletter and not an advertisement

A

If Braxton Bank marketing department wants to send a commercial email to a group of clients who have given prior affirmative consent to receive messages from the bank, which of the following statements is true regarding the promotional mail compliance? A. Braxton Bank is exempt from identifying the message as an ad B. Braxton Bank does not have to worry about complying with the CAN-SPAM Act C. Braxton Bank need not include any opt-out option D. Braxton Bank must require the consumer to revoke his or her consent in writing

A

To comply with the CAN-SPAM Act, must all unsolicited email from banks be banned? A. No, it does not ban all unsolicited email B. Yes, it bans all unsolicited email C. Yes, unless the customer voluntarily provides an email address D. No, as long as it is not selling something

A

Which statement regarding the bank's mortgage department advertising of promotional rates on mortgages is true? A. They are commercial email messages B. They are exempt from CAN-SPAM C. They are transactional in nature D. They should be evaluated on a case-by-case basis

A

Deming Bank sends many types of emails to its customers. Which of the following email messages is most likely to be considered "commercial" and, thus, must provide the recipient with the ability to opt out? A. An email thanking a new customer for opening a new account B. An email containing offerings from the bank's new insurance affiliate C. An email responding to a billing inquiry D. An email reminding customers of their mandatory individual retirement account (IRA) distribution

B

How quickly after users unsubscribe must the bank remove them from its marketing lists? A. 5 business days B. 10 business days C. 1 week D. 1 month

B

Of the following types of email messages, which best describes those that are covered by CAN-SPAM? A. Email sent to more than 5,000 email addresses B. All commercial email C. Unsolicited commercial email D. All email, regardless of content

B

Which statement is a correct fact regarding state laws on anti-spam email? A. Are preempted by CAN-SPAM only for Office of the Comptroller of the Currency (OCC)-supervised banks B. Are not preempted by CAN-SPAM for matters concerning fraud C. Are never preempted by CAN-SPAM D. Are always preempted by CAN-SPAM

B

Certain types of email are exempt from CAN-SPAM, as the law only applies to any electronic mail message with the primary purpose of commercial advertisement or promotion of a commercial product or service. Which two email messages are subject to the CAN-SPAM rule? A) An email response to a customer for a password reset B) An email encouraging customers to apply for overdraft protection C) An order confirmation for a customer's check order D) An email announcing a new no-fee checking account for seniors

B and D

How should Dempsy Bank advise a bank customer who is complaining that she receives too many bank emails? A. File a complaint with the Consumer Financial Protection Bureau B. Reboot her computer and hope that makes all the unwanted emails go away C. Utilize the opt-out option provided in the email to ask the bank to cease communications D. Sign up for the federal ''Do Not Email Registry''

C

Daniel, a mortgage loan originator (MLO) at BCC Bank sends an email with a link to the National Mortgage Licensing System (NMLS) in response to his client request for information concerning his registration with the NMLS. This email does not have to comply with CAN-SPAM's rules. Why? A. Emails containing links are not subject to CAN-SPAM B. The MLO has an established business relationship with the clients C. The customer has consented to receive email from the MLO D. The email is transactional in nature

D

Which feature is not required to be included in a commercial email under the CAN-SPAM law? A) An opt-out mechanism B) A physical postal address C) A notice that the email is an advertisement D) A way for recipients to sign up for other products and services

D

What emails are exempt from CAN-SPAM requirements?

Emails where the primary purpose is transactional

Banks that plan to send commercial email to a list of people who have given prior affirmative consent to receive messages from the bank do not have to meet CAN-SPAM requirements

False

The law makes an exception for business-to-business email

False- all commercial messages are included

The CAN-SPAM act prohibits spam emails

False- it prohibits deceptive or misleading commercial email and requires senders to provide recipients with the right to opt out of future mailings

Do emails from charities or political parties have to comply with CAN-SPAM requirements?

No

If recipients have given their prior affirmative consent to receive messages from the bank, it is exempt from the requirement of identifying the message as an ad or solicitation

True

The CAN-SPAM Act governs whether an email is considered a lawful communication or an illegal piece of unsolicited spam

True