Question 4

A licensee is in violation of the CAN-SPAM Act if the licensee sent a repeat e-mail 3 days after a customer opted out from the messages.

If a licensee sends a repeat email to a customer who has opted out within the required timeframe, it constitutes a violation of the CAN-SPAM Act, which mandates that all opt-out requests must be honored promptly.

A) included an 'unsubscribe' method at the end of the message

Including an 'unsubscribe' method at the end of the message is a requirement of the CAN-SPAM Act, not a violation. This feature allows recipients to opt out of future communications, thereby complying with the law.

B) sent a repeat e-mail 3 days after a customer opted out from the messages

Sending a repeat email to a customer who has opted out is a violation of the CAN-SPAM Act. The law requires that once a recipient opts out, their request must be processed without delay, making any further emails inappropriate and illegal.

C) sent messages to a person who requested information at an open house

Sending messages to individuals who have requested information, such as at an open house, does not violate the CAN-SPAM Act, provided the messages are relevant and the recipients have consented to receive them. This action is typically permissible under the law.

D) charged a small fee to the consumer to opt out

Charging a fee for opting out is explicitly prohibited by the CAN-SPAM Act. The law mandates that opting out of communications must be a free and straightforward process for consumers.

Conclusion

The correct answer is B, as it directly addresses a specific violation of the CAN-SPAM Act regarding the timely honoring of opt-out requests. Options A, C, and D are either compliant with the law or not applicable, demonstrating that only option B reflects a clear infringement of the regulations set forth by the Act.