Do-Not-Call Rules and Exceptions

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Questions and Answers

A dealership is planning an email campaign to promote a new car model. Which of the following practices would violate the CAN-SPAM Act?

  • Providing a clear and conspicuous opt-out link that remains active for 30 days.
  • Honoring opt-out requests within 10 business days.
  • Including the dealership's physical postal address in the email.
  • Using a subject line that does not accurately reflect the email's content. (correct)

A marketing manager wants to send promotional text messages to potential customers. Under the CAN-SPAM Act and telemarketing rules, what is required before sending these messages?

  • Obtaining prior written permission from the cell phone owner. (correct)
  • Including the company's physical address in the text message.
  • Providing a free opt-out method so the recipient can unsubscribe from future messages.
  • Informing the recipients that the message is an advertisement.

A customer unsubscribes from a dealership's email list on June 1st. What is the latest date by which the dealership must honor this unsubscribe request according to the CAN-SPAM Act?

  • June 11th
  • June 30th
  • June 10th
  • June 15th (correct)

A dealership sends an email with a promotional offer but fails to include its physical postal address. Which aspect of the CAN-SPAM Act did the dealership violate?

<p>The obligation to tell recipients where the dealership is located. (A)</p> Signup and view all the answers

A car dealership is running a marketing campaign. Which of the following actions is permissible under the CAN-SPAM Act?

<p>Ensuring the opt-out link in a promotional email remains active for at least 30 days after the email is sent. (B)</p> Signup and view all the answers

A customer, already on the National Do Not Call Registry, requests to be removed from your dealership's call list. According to the Do-Not-Call Rule, under what circumstance, if any, can you contact them in the future?

<p>You can contact the customer if they reinitiate contact with someone at the dealership. (D)</p> Signup and view all the answers

A potential customer visits your dealership and fills out a logbook expressing interest in a specific vehicle model. How long can you contact this consumer with an unsolicited sales pitch, according to the Do-Not-Call Rule?

<p>90 days from the date the consumer shared their contact information. (D)</p> Signup and view all the answers

Your dealership employs a "bird dog" program. What is the critical first step you must take before contacting a potential customer whose information was provided through this program?

<p>Check the prospective customer's name against the national, state, and dealership do-not-call lists. (A)</p> Signup and view all the answers

A customer bought a car from your dealership 10 months ago. According to the Do-Not-Call Rule, for how long, after the purchase date, can you contact them, even if they are on a do-not-call list?

<p>18 months (B)</p> Signup and view all the answers

Under the CAN-SPAM Act, which type of email is most heavily regulated?

<p>Commercial emails (D)</p> Signup and view all the answers

A customer bought a car from your dealership five years ago and has not had any transactions with you since then. You have them on your company do-not-call list but they are not on the state or national registry. Assume that contact was never reinitiated after their request. Are you allowed to call them now?

<p>No, the customer cannot be contacted because it has passed the 60 month limit. (D)</p> Signup and view all the answers

Which of the following scenarios describes an instance where contacting an individual, who is on the National Do Not Call Registry, would be permissible?

<p>Contacting the individual within 90 days of them requesting a test drive of a specific vehicle model. (A)</p> Signup and view all the answers

What is the primary factor that determines the level of regulation an email is subject to under the CAN-SPAM Act?

<p>The email's primary purpose. (D)</p> Signup and view all the answers

Flashcards

Accurate 'From' Line

Sender, 'To', 'Reply-to' info must accurately identify the sender.

Truthful Subject Lines

Subject line must reflect the actual email content.

Ad Identification

Clearly state the message is an advertisement.

Provide Physical Address

Include a valid physical postal address.

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Opt-Out Option

Give a clear way to opt-out of future emails; honor requests within 10 days.

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Do-Not-Call Rule

Prohibits unsolicited sales pitches to individuals on do-not-call lists.

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Do-Not-Call Exception #1

Contacting an interested consumer is allowed for 90 days after their inquiry or sharing info.

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Do-Not-Call Exception #2

Contacting a customer is allowed within 18 months of purchase, lease, or last transaction.

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Customer on Do Not Call Registry

You cannot contact the customer unless the customer reinitiates contact.

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Customer NOT on Do Not Call Registry

The customer can be contacted after 60 months (5 years).

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Referral Program Rule

Always check against do-not-call lists before contacting referrals.

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CAN-SPAM Act

Categorizes emails to determine required content.

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Commercial Emails

Commercial emails advertise or promote services and are regulated by CAN-SPAM.

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Study Notes

  • The Do-Not-Call Rule prevents contacting individuals on national, state, and company do-not-call lists with unsolicited sales pitches.

Do-Not-Call Rule Exceptions

  • Contacting an interested consumer is allowed for 90 days from their inquiry or sharing of contact information.
  • Contacting a customer is allowed within 18 months of a purchase, lease, or last transaction due to an established business relationship (EBR).

Customer Requests

  • If a customer on the state or national Do Not Call registry asks not to be called, contact is prohibited unless the customer reinitiates contact.
  • If a customer not on the registry asks not to be called, they cannot be contact for 60 months (5 years)

Customer Referrals

  • When using a customer referral ("bird dog") program, verify prospective customers against do-not-call lists before contact.

CAN-SPAM Act

  • The FTC categorizes emails by "primary purpose" to determine required information.
  • Relationship emails, transactional emails, and commercial emails are the email categories
  • Relationship emails are personal messages, messages on Facebook or Twitter
  • Transactional emails facilitate transactions or update customers on ongoing transactions.
  • Commercial emails advertise or promote vehicles or services.
  • Commercial emails are heavily regulated by the CAN-SPAM Act.

CAN-SPAM Requirements

  • "From" lines must be accurate, identifying the sender.
  • Subject lines must accurately reflect the message content.
  • The message must be identified as an advertisement.
  • The dealership's valid physical postal address must be included.
  • Recipients must be informed on how to opt-out of future emails.
  • Opt-out methods cannot incur expense for the customer.
  • Unsubscribe links must remain active for 30 days post-email.
  • Unsubscribe requests must be honored within 10 business days.

Rules for Cell Phones

  • Prior written permission/opt-in is required to send commercial messages (email, text, voice) to cell phones.

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