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Legal Issues, Social MediaAdvertising rules: Part II
In Pennsylvania there are no specific regulatory guidelines about electronic or digital advertisements — but the Real Estate Commission has suggested that e-mails, blogs, instant messages and bulletin boards constitute advertisements. The Commission recommends that all licensees who communicate electronically, regardless of the medium, include at the beginning of the communication:
- Licensee’s name
- Full name of the employing broker (no abbreviations or nickname)
- City and state (or province) in which the licensee is located
- Regulatory jurisdiction(s) in which the licensee holds a license.
These four pieces of information must appear on each and every page of a licensee’s web site.
Just as you review your ad copy in print prior to publication, so too should you review and keep copies of the layout of each page of your web site before it goes live. Licensees generally will not be held responsible for violations of the advertising regulations attributable to the professionals hired to produce the printed (or electronic/digital) advertisements. To avoid such liability, you the licensee must be able to prove that what you approved met the regulatory requirements and what was published is different from what was approved.
A reminder (once again): before embarking on any advertising campaign, make sure your broker (and perhaps legal counsel) has reviewed the advertisement and offered her blessing.
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About Brett: Brett Woodburn, Esq. is an attorney with Caldwell & Kearns and serves as general counsel to PAR. A substantial portion of his practice is dedicated to providing advice and counsel to real estate licensees and representing and defending real estate salespersons and brokers in civil lawsuits and licensing claims across the Commonwealth. He routinely counsels employers on employee relations issues as one of the voices of the PAR Legal Hotline. |
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Kathy, there is no such RESPA requirement to my knowledge. That would not be something that would likely fall within HUD’s purview for enforcing RESPA.
I agree with the others, in that the recommendation is unrealistic. Just to point out what you said, this is not a law or a regulation, but rather it is a recommendation. Worse case would be a letter of warning, I would imagine?
Also, has anyone heard of a new RESPA requirement which says we must include our license numbers on certain correspondence, and if so what are the details, thanks!
As a few other agents have indicated #1 We do understand the need to protect consumers and certainly that is important.
However, it seems that Realtors are required to do things that are never required of other people in business who work with consumers. My ? is why at the beginning of types of “advertisments” including emails? In normal communication between parties doing business the format is for this information to be at the END of communication, NOT in the beginning. It would seem appropriate to place at the end.
This is a recommedation by the Real Estate Commission so it appears that we can continue to place this information at the end of emails.
Links to all the relevant advertising regulations/guidelines are on the PAR Website at http://www.parealtor.org/content/IssuesResourceCenter_main.htm (click “Advertising Resources”)
Would Facebook and Twitter be considered bulletin boards? Required information on Twitter could comprise the entire allowable number of characters. The same is true for instant messages.
And for blog posts, required information could fill preview space, so that when a post is linked to another blog post or Facebook message, potential readers see only the agent/broker info and not the content. That has the potential to turn a communication with added value to consumers into spam with no value to consumers.
For emails and websites, the suggestions are fine. The required information can be incorporated into the layout without detracting substantially from the content. That’s just not so for bulletin boards, instant messages and the like.
Malcolm Waring
Realty Executives
Stroudsburg, PA
Pennsylvania
Hello Brett,
That extra Pennsylvania seems redundant.
Regards,
Malcolm Waring
Realty Executives
Stroudsburg, PA
Pennsylvania
Well intended overkill… As long as the information is disclosed prominently, why must it be on the top of a web page? Move that approach over to other media advertising… Would your “$5,000 Price Reduction” top line serve your marketing goal as well if it were buried in the middle of your newspaper adv? Consumer protection is very important… but PAREC should not promulgate unneeded rules.
I would love to see how many agents place thier information at the beginning of an email… I guess it is suggesting that you have a banner at the top of the emails with all that info & such… I will have to see how to make a nice one & will share with everyone if I figure it out… Thanks for the info…
I always put all identifiing information on the botton of all ads. I do not like puttin it at the beginning. Why would any regulatory commission care as long as it it in the ad. Realtors are hurting and we get more and more regualtion and for what reason. This one makes no sense at all.
Regulatory jurisdiction = state or province (if you are from Canada).
Interesting, I understand that their recommendations are designed to protect consumers and ensure that the licensee is properly identified, but it would be nice of our friends at the Commission would balance their intent with some common sense. Who is really going to put their signature at the top of the email? That just makes consumers think we are pompous egomaniacs. Oh well. Thank you for for the response, I appreciate your time!
What do you mean by •Regulatory jurisdiction? The county you work in or Realtor Association you belong to?
The Real Estate Commission has suggested (I use that word because no regulation on internet advertising has yet been passed) that the identifying information should be at the beginning of the communication. That does not prohibit putting your signature at the end of the communication. Think of it as the Commission suggesting a specific letterhead.
Thank for the info, but are you saying that the email signature needs to be BEFORE the message? That all the brokerage info (name, number, etc) needs to be at the TOP of a webpage?
Great Information! Thank you.