I recently whined on Facebook about the number of email assaults I receive regarding real estate, noting that most violate Federal Law and ethical considerations. I also suggested that I might write a blog post highlighting some of the provisions of the “CAN-SPAM Act.” Since the Facebook post received a few (very few) “likes,” I am proceeding.

Real Estate Peeps may feel free to ignore it but do so at your own peril. When you send emails regarding listings and open houses to groups of people, it is considered commercial email, and the CAN-SPAM Act regulates it.

The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) is a U.S. federal law enacted in 2003 to regulate commercial email messages and prevent spam. Here’s a summary of its essential requirements:

1. Unsubscribe Option: Commercial emails must include a clear and conspicuous way for recipients to opt out of future emails. The unsubscribe mechanism must be functional for at least 30 days after sending the email. This is one of the most common violations I see.
2.  Identification: The email must clearly identify itself as a commercial message and include accurate sender information. Sender information includes the sender’s physical postal address. Note that you can run, but you cannot hide.
3.  Deceptive Subject Lines: Subject lines must accurately reflect the content of the email. Misleading or deceptive subject lines are prohibited. This should be obvious.
4.  Sending Practices: It’s prohibited to use false or misleading header information, use deceptive routing or relay techniques, or employ any other deceptive means to hide the origin of the email. Again, you can run, but you cannot hide.
5.  Honor Opt-Out Requests: Once a recipient opts out, the sender has ten business days to honor the request. The sender cannot transfer the recipient’s email to another entity for sending additional emails.
6.  Monitoring of Third Parties: Companies using third-party marketers to send emails on their behalf are still responsible for ensuring that those emails comply with CAN-SPAM. You can delegate the job but not the responsibility.
7.  Penalties: Violations of the CAN-SPAM Act can result in substantial penalties, including fines per email sent in violation of the law. The most significant penalties are alienating potential clients and losing the respect of others.

I think the most significant penalties are alienating potential clients and losing the respect of others.

Regarding penalties, here’s a funny story for you. I (and, I’m sure many others) received an unsolicited email from a self-proclaimed marketing expert who promised to increase my business geometrically. It did not contain much humility and assured me the expert knew many marketing secrets and tricks. It also violated a number of the provisions of the CAN-SPAM Act.

I figured out how to reply to it (not usually a good idea, but I thought it would be entertaining), expressing interest in the magic offered, particularly given that the marketing the expert was doing on their own behalf violated Federal Law on many points.

I have not heard from the SPE (Self Proclaimed Expert) since.

It’s important to note that this summary provides a general overview of the CAN-SPAM Act, and there may be additional details and nuances in the full text of the law. It’s essential for businesses engaging in email marketing to understand and comply with the Act’s requirements to avoid legal consequences.

Note this does not address the advertising rules enacted by the Maine Real Estate Commission, other federal and state marketing regulations, or company policy.