Question 12

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.

A licensee violates the CAN-SPAM Act by sending a repeat email after a customer has opted out, as this disregards the customer's request to stop receiving communications.

A) Included an 'unsubscribe' method at the end of the message.

This option is incorrect because including an 'unsubscribe' method is a requirement under the CAN-SPAM Act. It allows recipients to opt out of future emails, which is in compliance with the law.

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

This option is correct because it directly contravenes the CAN-SPAM Act, which mandates that once a recipient opts out, they must not receive further emails from the sender. Sending an email after the opt-out request is a clear violation.

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

This option is incorrect as sending messages to individuals who have requested information (such as at an open house) is permissible under the CAN-SPAM Act, provided the messages are related to the initial inquiry and do not violate opt-out requests.

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

This option is incorrect because the CAN-SPAM Act prohibits any fees for opting out. Consumers must be able to unsubscribe without any financial burden, making this practice a violation of the law.

Conclusion

In summary, the only option that represents a violation of the CAN-SPAM Act is B, as it disregards a customer's legitimate request to opt out of communications. The other options do not reflect violations, as they either comply with the Act's requirements or pertain to permissible practices. Thus, option B is definitively the correct answer.