SU # 37__Laws Affecting Marketing Flashcards

1
Q

What is prohibited by the CAN-SPAM Act?

A

This Act prohibits sending unwanted “commercial” e-mail messages” to wireless devices without express prior authorization.

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2
Q

According to CAN-SPAM, what must commercial emailers do?

A

Reveal the identity of the sender and the name of the advertiser entity.

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3
Q

Do Not Call

A

Safe Harbor exists for managing brokers to protect them against violations of their brokers. A policy manual would protect a Managing broker from fines if it is written, followed, and proof that the policies were followed are shown. The managing broker must also prove that any calls made were made in error, or against the managing broker’s policies and procedures.

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4
Q

What does FACTA do?

A

Regulates confidential consumer credit information. Recent additions to the Act target the growing trend in identity theft.

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5
Q

A managing broker may be protected from their broker’s violation of the Do Not Call Act if he or she has implemented

a. Training on Do not Call procedures
b. A written policy on Do not call procedures
c. Provided a policy manual for the office
d. Both a and b

A

Both a and b

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6
Q

Agent Jim wants to send out an email to all the local real estate agents to inform them about an open house he is holding. What must he do to be in compliance with the CAN-SPAM Act?

Jim must give the agents a way to opt out of any future email messages.

He must be sure to include the entire mailing address of the home he is hosting.

Jim must be sure his name and phone number are prominently displayed in the email.

He cannot give any indication of the listing price of the home in the email.

A

Jim must give the agents a way to opt out of any future email messages.

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7
Q

Which agency handles junk fax complaints?

FCC

FTC

AIG

FSLIC

A

FCC

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8
Q

Which of the following is a rule of the federal Do-Not-Call List?

Every state must have its own list.

Only telemarketers are bound by this law.

Consumers must update their information on the registry at least every two years.

The law prohibits unsolicited phone calls to any consumer telephone number listed on the registry.

A

The law prohibits unsolicited phone calls to any consumer telephone number listed on the registry.

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9
Q

Which statement about the Junk Fax Prevention Act is TRUE?

Licensees must check the national registry before sending a fax.

Licensees can only send faxes to existing clients.

This act applies only to managing brokers, not their employees.

Licensees are exempt from this act when sending open house notices.

A

Licensees can only send faxes to existing clients.

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10
Q

Which of the following groups are exempt from the Telephone Consumer Protection Act?

All new phone users after March 2008

Hospitals

Tax-exempt nonprofits

Out of state lottery businesses

A

Tax-exempt nonprofits

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