National Classes 8/

There ___ an "established business relationship" exception to CAN-SPAM

isn't

personal relationship

- can call a person from home if you have a personal relationship with the person - family member, friend, or acquaintance - would a reasonable consumer expect calls from such a person b/c they have a close or firsthand relationship?

If on a list, you cannot call unless

- est. business relationship - written permission - a personal relationship

A phone number is removed from the Do Not Call registry by: (select all that apply) A) phone numbers are removed when it's disconnected B) phone numbers are removed when it's reassigned to a new customer C) phone numbers are removed when a consumer asks it to be removed

A) phone numbers are removed when it's disconnected B) phone numbers are removed when it's reassigned to a new customer C) phone numbers are removed when a consumer asks it to be removed

All of the following practices are required by CAN-SPAM to be included in all commercial e-mails EXCEPT: A) an opt-out mechanism B) A physical postal address C) an e-mail address for recipients to sign up for other products and services from the sender D) a notice that the e-mail message is an advertisement or solicitation

C) an e-mail address for recipients to sign up for other products and services from the sender

Commercial or Transactional? Agent sends an e-mail blast to residents of a particular area of the city about a new listing in the area

Commercial

CAN-SPAM stands for

Controlling the Assault of Non-Solicited Pornography and Marketing Act

CAN-SPAM Act of 2003

Establishes requirements for commercial email, spells out penalties for email senders, and gives consumers the right to have emailers stop sending emails to them.

CAN-SPAM is enforced by the ___ and ___ all state spam laws

FTC, overrides

True or False This email came from my friend so it can't be spam

False. There are many different ways that cyber criminals can hijack an email account and use it to spam everyone in the contact list. If you receive an email from a friend of yours that contains nothing more than a link then its most likely spam.

Lead-Based Paint Hazard Reduction Act of 1992

Law requires sellers to disclose tests for lead presence if built prior to 1978

Can you send commercial email with falsified headers.

No, CAN SPAM prohibits this.

Darla lives in a house built in 1995. She listed the house with real estate agent, Ed, a month ago. Ed has just informed Darla that a family with young children, ages 3 months, 2 and 5, have made an offer on the house. Ed had Darla sign a Lead-Based Paint disclosure form to give to the buyers. This disclosure form gives the buyers 10 days to have the property inspected for the presence of lead-based paint in the house. Has Ed done the right thing?

No, b/c the Lead-Based Paint Law must be used for houses built before 1978

FSBO

Real Estate Agents may contact FSBO on the Do Not Call list ONLY if they have a potential buyer for the property. Agents may not call solely to solicit

The following email message was sent from a real estate licensee to a buyer who closed on the purchase of the house 3 months ago: "Don't forget that a home warranty policy was purchased for you by the seller at closing. This policy will cover things in your house that turn off and on, HVAC systems, plumbing, electrical, and built-in appliances. Here is the customer service number for the home warranty company...800-222-2222. I hope you are all settled in and enjoying your new home." What type of e-mail is this?

This qualifies as a transactional/realationship email

Graham is the father of 2 young children, ages 18 months and 3 years. About 9 months ago he moved into a house built in 1975. He did not have the house inspected for lead-based paint hazards and now he is concerned. His three year old is suffering from seizures. Should he be concerned about the health of his child in conjunction with possible lead-based paint exposure?

Yes, b/c seizures is one of the health issues that can be caused by lead-based paint

Brokers and buyer clients are in a relationship where the buyers sought to receive this type of info, these e-mails ___ qualify as transactional or relationship e-mails

would

Do not call registry ___ cover calls from tax-exempt non-profit organizations, political organizations, charities, telephone surveyors

doesn't

CAN SPAM penalties

each separate e-mail in violation is liable for a fine of up to $16k

est. business relationship

- current client/customer (under sales or rental contract) - can call for 18 months after contract has ended, unless they ask to be placed on the "Do not call list"

Penalties for the do not call list

- lawsuits can be brought by the fed gov (FCC or FTC), state attorney general, or by a private individual - fines can reach up to $11k per violation for lawsuits brought by the fed gov

A sender of commercial emails must honor opt-out requests promptly. A recipient's opt-out request must be honored within ___ business days.

10

Anne is a former client of Joe who works for ABC Realty. Anne tells Joe to call her best friend, who is thinking about selling their home. Anne assures Joe that her friend is expecting the call. Which of the following is true? A) Joe needs to check the no call registry because it will give him an indication of the friend's openness to solicitation phone calls B) Joe needs to check the no call registry because he and the friend do not have an est. business relationship C) Joe does not need to check the no-call registry because the friend has made a direct inquiry through Anne D) Joe does not need to check the no call registry because Anne checked with her friend and got her okay

B) Joe needs to check the no call registry because he and the friend do not have an est. business relationship

Geraldine and her family are looking to buy a house. Geraldine has contacted Ben, a real estate agent, to see a particular house. Ben gave Geraldine a pamphlet titled "Protect Your Family From Lead in Your Home.' Why did he do this?

Because the house listed for sale that Geraldine was viewing was built before 1978

How many email accounts should you have?

3 One email should be strictly for work purposes. Another for personal emails. The third email should be a throwaway account used to register for things online.

Before buying a pre- 1978 home or apartment, federal law requires

- sellers must disclose known info on lead-based paint before selling - real estate contracts must include a specific warning statement about lead-based paint. Buyers have up to 10 days to check for lead - landlords must disclose known info on lead-based paint and lead-based paint hazards before lease takes effect. Leases must include a specific warning statement about lead-based paint

What must be included in all commercial e-mails?

1. legit return address (header) 2. A physical address (street address or PO box) 3. truthful, clear subject line 4. clear and conspicuous notice of the recipient's opportunity to "opt-out" 5. an e-mail address or other mechanism (active for at least 30 days after transmission) by which the recipient can request not to receive any future e-mails 6. clear and conspicuous notice that the message is an ad

Buyers of houses built before 1978 must be given how many days from the date a purchase contract is finalized to have the property inspected for lead-based paint?

10 days

If a consumer who is on the Do Not Call registry, calls a real estate company's office with a question about a property, how long can a licensee from this company continue to call the consumer with information about other properties, assuming no transaction occurs between the parties?

3 months

Telemarketers are required to search the registry at least once every ___ days and...

31, drop from their list the numbers of consumers who have registered

Fred is a licensee. He lists a telephone number on his "For Sale" signs. When the number is called, a recorded message is played that allows the caller to obtain more info about Fred's listing. Fred also has a system that captures the caller's telephone number. Assuming Fred has no prior relationship with the caller, what is the permissible time period for Fred to call the "captured" number with property info? A) 3 months B) 12 months C) can't return the call without checking the National Do-Not-Call registry D) call capture is not permitted by the National Do-Not-Call registry

A) 3 months

In both federal and state Do Not Call registries, is there an expiration date on a resident's registration? A) No b/c a consumer registers only once and they remain on the list until the consumer deletes their name B) No b/c the Do Not Call law specifies that expiration dates do not apply C) Yes b/c the consumer has to re-register every 5 years D) Yes b/c the consumer has to re-register every 10 years

A) No b/c a consumer registers only once and they remain on the list until the consumer deletes their name

It can be a violation of the CAN SPAM act to send one commercial email to a prospect A) True: CAN SPAM does not put any minimum on how many emails need to be included in a broadcast, even one single email sent to one email address is covered by the act B) True: you cannot get away with anything these days C) False: CAN SPAM only applies to bulk emails sent D) False: One email is not considered spam

A) True: CAN SPAM does not put any minimum on how many emails need to be included in a broadcast, even one single email sent to one email address is covered by the act

You must include your phone number in all commercial emails. A) True, this is a provision of the CAN SPAM Act B) False, this is not a provision of the CAN SPAM Act C) True, all of your contact info must be provided to the consumer D) False, a phone number is too private to provide to the public

B) False, this is not a provision of the CAN SPAM Act

A brokerage sends its clients many different types of e-mails, such as a monthly newsletter, property info, and product offerings from affiliated businesses. Which of the choices below is a valid opt-out mechanism that the brokerage can provide to clients in these e-mails? A) Opt-out choices that include a choice between receiving e-mails containing noncommercial information like a newsletter and a single opt-out mechanism that covers all exclusively commercial e-mails B) an opt-out mechanism that only applies to e-mails from affiliated businesses C) an opt-out mechanism that only applies to the type of e-mail being sent, but does not cover other types of e-mails from sender D) A menu of opt-out choices, allowing clients to choose the types of e-mails they would like to continue receiving from the brokerage

D) A menu of opt-out choices, allowing clients to choose the types of e-mails they would like to continue receiving from the brokerage

Commercial or Transactional? Buyer registers with an agent to receive an email when new listing enters the MLS that meets the buyers' search criteria

Transactional

E-mails exclusively containing property listing information: A) are commercial e-mails B) are exempt from CAN-SPAM requirements C) are not commercial e-mails D) need to be evaluated on a case-by-case basis to determine whether the e-mails are commercial e-mails

need to be evaluated on a case-by-case basis to determine whether the e-mails are commercial e-mails

transactional/ relationship e-mail

ongoing transaction between business and a customer These do not need to comply with CAN-SPAM

A broker sends e-mails to buyer-clients (with whom he has written representation agreement) when a new listing enters the MLS that meets the buyers' search criteria. These e-mails do not need to comply with CAN-SPAM. Why?

these are "transactional or relationship" messages