Spam Email

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Quick Takeaways

Spam can't be prevented entirely, but REALTORS® can take steps to reduce the amount of unwanted email that comes into their in-boxes.
Learn how to spot the warning signs of a phishing attempt, how to protect yourself, and how to report an attack.
REALTORS® who use email to find and work with clients must ensure that their own electronic communications are compliant with the CAN-SPAM Act.

Unwanted, unsolicited email is a frustrating problem for almost everyone who uses the Internet. Spam email clutters inboxes, slows down web servers, and costs time and money to manage.

Spam can't be prevented entirely, but REALTORS® can take steps to reduce the amount of unwanted email that comes into their in-boxes. With a recent 30 percent increase in the volume of spam, it is important to be vigilant against potential email scams. The real estate industry is a common target of fraudsters, who may impersonate official real estate organizations and even NAR itself.

Phishing scams try to deceive people into sharing personal information such as passwords or account numbers. Learn how to spot the warning signs of a phishing attempt, how to protect yourself, and how to report an attack.

REALTORS® who use email to find and work with clients can take steps to ensure that their own electronic communications are compliant with the CAN-SPAM Act. Passed in 2003, this law sets rules for commercial email. Associations aren’t exempt from these requirements either, particularly if they offer products, classes, or events for purchase.

NAR strongly supports efforts to control fraudulent, misleading and abusive unsolicited emails and emailing practices.

See References for more information.

Legal

Federal laws regulate the use of email, telephone, and fax for solicitation purposes. None of these requirements are new, and instead this article is intended to serve as a resource for basic compliance with each set of laws. It is important to remember that state laws continue to govern intrastate communications and so you will need to be familiar with any such laws in your state.

Email Requirements

CAN SPAM requires that all commercial electronic mail messages contain the following:

a legitimate return e-mail and physical postal address;
a clear and conspicuous notice of the recipient's opportunity to “opt-out,” or decline to receive any future messages;
an opt out mechanism active for at least 30 days after message transmission; and
a clear and conspicuous notice that the message is an advertisement or solicitation.

A consumer’s opt out request must be honored within ten days. The business can give the consumer a menu of opt out options If a consumer consents to receiving commercial electronic mail messages from the business, the business must still comply with CAN SPAM’s email requirements, except that the business does not have to mark the electronic mail message as an advertisement or solicitation.

CAN SPAM does not contain a private right of action for consumers, and so the law will be enforced by federal agencies and state attorneys general (Internet service providers may also bring lawsuits against egregious spammers). The recoverable damages are $250/message which violates the Act, up to $2 million total. There are treble damages available for willful violations of the Act.

There have been refinements to the rules over the years, such as how to evaluate an email with both commercial and noncommercial content. In addition, there are specific requirements on how to process opt-out requests. For a more thorough discussion of these rules, click below.

References

NAR Library & Archives has already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require the member's nar.realtor login.

Tips for Fighting Spam

Use an email filter
Try not to display your email address in public
Consider who you provide with your email address
Unsubscribe from unwanted emails
Report spam to your email provider and the sender’s email provider
Forward unwanted/deceptive email to the Federal Trade Commission

Source: How to Get Less Spam in Your Email (Federal Trade Commission, May 2021)

Avoiding Spam

Why You Shouldn't Unsubscribe From Spam Emails (Hacker Noon, Jun. 18, 2024)

Generally, it’s better to block junk mail to minimize the chances of any misclick resulting in a malware infection or privacy loss. The sender won’t receive a notification they’ve been blocked, so it doesn’t tip them off to an active account, either. While deleting them is a good idea, preventing unwanted emails is better.

How to Stop Spam Emails: Unlock Inbox Bliss with These Tips (Spike, Mar. 27, 2024)

Most email services include an option to report spam emails, which helps improve spam filters and prevents similar emails from reaching your inbox in the future.

In Gmail: Select the email, click the three dots in the top right corner of the email, and choose “Report spam.”
In Outlook: Right-click the message in your inbox, select “Junk,” then choose “Junk” or “Phishing” depending on the nature of the email.

How to Get Rid of Spam Emails (Norton, Jun. 13, 2023)

If the spam keeps rolling in, it could mean your email address was exposed in a data breach. It can be hard to prevent spam when cybercriminals have your information. One option in this case is to change your email address.

CAN-SPAM

The CAN-SPAM Act: Consumer Protection From Unsolicited Commercial Email (FindLaw, Apr. 11, 2024)

Marketers write creative, punchy subject lines to make their emails more attractive than the other messages in your inbox. But they can't use deceptive trade practices like clickbait and false claims.

Misleading and deceptive email subject headers are illegal under the CAN-SPAM Act. Email header information includes the “From," “To," and subject line fields.

The CAN-SPAM Act of 2003: A 2024 Overview (Optizmo, Feb. 27, 2024)

The CAN-SPAM Act has set the standard for commercial emails, and understanding its guidelines is crucial for any business engaging in email marketing. Remember, it’s not just about sending emails; it’s about sending the right emails in the right way.

The CAN-SPAM Act: A Compliance Guide for Business (Federal Trade Commission, edited Jan. 2024)

“Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

"Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,120, so non-compliance can be costly."

What Nonprofits Must Do to Comply With the CAN-SPAM Act (The Balance Small Business, Mar. 27, 2020)

Associations aren’t exempt from CAN-SPAM requirements, particularly if they offer products, classes, or events for purchase. In addition, the CAN-SPAM Act doesn’t specify exemptions for nonprofits, so it’s best to stay compliant with the rules.

Phishing: What You Need to Know

Reports of Phishing Scams Doubled in 2023, BBB Says (St. Louis Post-Dispatch, Jun. 17, 2024) E

Reports of online scams doubled in 2023 as artificial intelligence and text-based scams gain popularity among hackers, a new report from the Better Business Bureau says.

More than 9,000 people nationally reported phishing scams — online targeted attempts to steal a person's money or identification by asking for personal information — and reported it to the BBB, according to the report.

These scams can be conducted through email, texts, malicious software, calls and voicemail.

"It's harder to detect now because of the online tools available to these people, like AI," said Brian Edwards, the BBB author of the phishing scam study.

What Is Phishing? Understanding Cyber Attacks (Forbes, Feb. 13, 2024)

Individuals should be suspicious whenever they're asked to click on a link or supply personal or financial information. Other signs that an email isn't genuine include spelling and grammatical errors, claims of urgency or slightly-off email addresses. Hovering the cursor over a link should reveal whether the destination URL matches the legitimate website.

Anatomy of a Phishing Attack (Verizon, Jan. 5, 2024)

The “URGENT: Payment overdue” subject line mentioned earlier is an example—bad actors want you to think that there’s some kind of problem with your account that needs immediate attention. Vishing attacks might say that they’ve identified fraud on your credit card or that you’re in trouble with the IRS.

Useful Websites

Unwanted Emails, Texts, and Mail (Federal Trade Commission)

How to deal with unwanted text messages, spam phishing emails, and junk mail.

Internet Crime Complaint Center (IC3) (Federal Bureau of Investigation)

Anyone can become a victim of internet crime. Take action for yourself and others by reporting it. Reporting internet crimes can help bring criminals to justice and make the internet a safer place for us all.

ReportFraud.ftc.gov (Federal Trade Commission)

“ReportFraud.ftc.gov is the federal government's website where you can report fraud, scams, and bad business practices.”

eBooks & Other Resources

Books, Videos, Research Reports & More

As a member benefit, the following resources and more are available for loan through the NAR Library. Items will be mailed directly to you or made available for pickup at the REALTOR® Building in Chicago.

eBooks.realtor.org

The following eBooks and digital audiobooks are available to NAR members:

Blocking Spam & Spyware for Dummies® (eBook)

The Email Marketing Playbook--New Strategies to get your Emails Noticed (eBook)

Understanding Security Issues (eBook)

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