Even in the world of texting and social media, email can still be a good way to promote your services to potential customers and other REALTORS®. But whether you’re emailing one person or thousands, make sure that your email complies with federal law. If the main purpose of your email is commercial, which means that you are promoting a product like a house or a parcel of vacant land, or a service, like brokerage services, property management, or even recruiting real estate licensees or employees, the federal CAN-SPAM Act, which stands for “Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003” applies whether you are emailing consumers or businesses, the law requires you to:

• include an accurate subject line.
• provide a “clear and conspicuous” notice that the email is an advertisement or solicitation.
• include a physical address of the brokerage in the email.
• provide a clear notice that explains how recipients can opt out of future email.
• honor opt-out requests promptly.
  

Even if a consumer, REALTOR, or another businessperson initially agrees to receive your emails, they still have a legal right to opt-out in the future. The government can impose penalties of up to $50,120 per email sent, so check your promotional email carefully.

For more details, CAN-SPAM Act: A Compliance Guide for Business | Federal Trade Commission (ftc.gov)

Complaints can be filed here: FCC Complaints or ReportFraud.ftc.gov

For more information, please contact the RIAR Legal Department at 401-432-6945 or email [email protected].