A brokerage sends promotional emails to a purchased list of consumers. Its counsel says each message must carry accurate header and subject information, a valid physical postal address, and a working way for the recipient to stop receiving them. Which federal law imposes those requirements?
Correct Answer
C) The CAN-SPAM Act
The CAN-SPAM Act governs commercial email. It bars deceptive header and subject lines, requires that the message be identifiable as an advertisement and carry the sender's valid physical postal address, and requires a functioning opt-out mechanism that is honored within ten business days. The duty falls on the brokerage sending the message, and it applies whether the list was purchased or built in-house.
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In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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