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#2206816 - 02/22/19 04:26 PM CAN-SPAM Act
southern palms Offline
Junior Member
Joined: Nov 2009
Posts: 46
Some of our mortgage bankers would like to send out a reminder email to customers regarding homestead exemption. They are not pushing any commercial messages.
I have reviewed CAN-SPAM Act and it discuses "other" in general terms nothing specific. It gives the implication that CAN-SPAM rules would not apply in this case. In that you would not need to include "solicitation email" in the footer since we are not pushing any commercial messages. However - the rule does not specifically state that so I am incline to say "solicitation email" should be included on the email.

What's your take on it please?

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#2206855 - 02/22/19 06:03 PM Re: CAN-SPAM Act southern palms
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
Assuming:
1. "homestead exemption" is a right recognized by state law
2. your email message will not mention any aspect of a product or service, and
3. we're looking only at the act (because I don't remember what the FTC said in its "primary purpose" regulations),

then I don't see any reasonable argument that the proposed message meets the definition of a "commercial electronic mail message." If it's not a CEMM, then it's outside the scope of the act. Enjoy saying "yes" to your lenders on this one--they probably think you're incapable of using that word. :-)
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