Difficulty: Hard

Average Score: 25%

A licensee is in violation of the CAN-SPAM Act if the licensee

Rationale

sent a repeat e-mail 3 days after a customer opted out from the messages.

The CAN-SPAM Act mandates that once a recipient opts out of receiving emails, the sender must cease further communications within a specified time frame, typically 10 business days. Sending an email within three days after an opt-out request constitutes a violation of this regulation.

A (included an 'unsubscribe' method at the end of the message) YOUR ANSWER

Providing an 'unsubscribe' method is a requirement of the CAN-SPAM Act, not a violation. This feature allows recipients to easily opt out of future communications, thereby ensuring compliance with the law rather than violating it.

C (sent messages to a person who requested information at an open house) YOUR ANSWER

Sending messages to individuals who have requested information, such as at an open house, is generally permissible under the CAN-SPAM Act. This is considered an implied consent scenario, as the recipient has shown interest in the subject matter and has not opted out of receiving such information.

D (charged a small fee to the consumer to opt out) YOUR ANSWER

The CAN-SPAM Act explicitly prohibits any fees for opting out of email communications. However, merely proposing to charge a fee does not constitute a violation unless the sender attempts to implement this practice, which would be against the provisions of the law.

Conclusion

The CAN-SPAM Act is designed to protect consumers from unwanted email communications. Among the choices presented, sending an email to a recipient who has opted out is a clear violation, as it disregards the law's requirements for respecting consumer choices. Other options either comply with the Act or do not constitute violations, highlighting the importance of adherence to opt-out requests to maintain legal compliance in email marketing practices.

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