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Federal "CAN-SPAM" legislation, which became effective in January 2004, regulates the sending of commercial e-mail advertisements. See below for additional information regarding the law and its implementation. Unlike the Federal Do Not Call regulations, this legislation does totally supersede any state law, so there should not be another "layer" of Pennsylvania law to deal with on this issue.

The primary requirements of the law (as stated by the FTC) are as follows:

• It bans false or misleading header information. Your e-mail's "From," "To" and routing information – including the originating domain name and e-mail address – must be accurate and identify the person who initiated the e-mail.
• It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
• It requires that your e-mail give recipients an opt-out method. You must provide a return e-mail address or another Internet-based response mechanism that allows a recipient to ask you not to send future e-mail messages to that e-mail address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
• Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial e-mail. When you receive an opt-out request, the law gives you 10 business days to stop sending e-mail to the requestor's e-mail address. You cannot help another entity send e-mail to that address, or have another entity send e-mail on your behalf to that address. Finally, it's illegal for you to sell or transfer the e-mail addresses of people who choose not to receive your e-mail, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
• It requires that commercial e-mail be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial e-mail from you. It also must include your valid physical postal address.

Federal "CAN-SPAM" Legislation
Full text of bill

FTC "Commercial Purpose" Regulations
FTC guidelines to determine if a message has been sent with a "commercial purpose" and is therefore subject to the provisions of the CAN-SPAM law and regulations.

FCC Rules regarding "mobile service commercial messages"
Commercial messages sent to "mobile service" providers such as cellular phones, PDAs, etc.. A summary of Rules published by FCC in August 2004. This item is on the NAR website and requires a password for access. As of March 9, 2005, senders of commercial e-mails classified as "mobile service commercial messages" ("MSCM") must comply with additional regulations. An MSCM is defined as a "commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service... in connection with that service." In short, any commercial e-mail message sent to a wireless device is classifiedas an MSCM. Senders must check their e-mail lists against a list of domains maintained by the FCC at least every 30 days. A commercial e-mail may only be sent to a recipient at one of these domains if the sender has obtained the"express prior permission" of the recipient. A summary of the MSCM regulations can be found on the NAR website.

PAR Sample Office Policy
To be used by brokers as a basis for developing their own internal office policies.

PAR Broker Compliance Guidelines
More detailed guide to compliance for brokers.

Summary of CAN-SPAM legislation prepared by NAR

Summary of CAN-SPAM legislation prepared by Venable Law Firm, Washington, D.C. 

If you have any questions, please direct them to donotcall@parealtor.org or to the PAR Legal Hotline (username and password required)