Lance Owens, Realtor, Kailua Kona, Hawaii, Real Estate, Information, Blog, Kona Real Estate,


SPAM Policy for Constant Contact, Mailchimp, Xpressdocs



I know myself and a growing majority of REALTORS are tiring of the constant spam by other agents. We actually use our email as an important part of our daily business routine, we receive offers, we set up appointments, and we respond to our clients needs.

So when I get up in the morning and find my email inbox full of  "new listings" or "price reductions"... from other agents, it gets a little frustrating, oh sure I can "unsubscribe" but I shouldn't have to do that. Our MLS has about 1,600 agents, our state has about 6,000 agents and I did not "opt in" to single one of their "drip" email campaign's, not one. So what does this tell me about that agent?

1: They didn't take the time to read the rules of the company they signed up with (see rules below - I have to "opt in" NOT "opt out" ) 

2: Or maybe these agents  are so arrogant they don't think the rules apply to them?

3: They don't value my time, it seems to be much easier for them to just upload an entire database, then make us take the time to individually "unsubscribe" 

4: Do I really want to do business with an agent like this? 

So next time I send you an email, asking YOU to remove me from your list, and you respond with a "oh just hit the unsubscibe button"  just know what I am thinking about you, and your character as an agent. 

Please see rules taken directly from their websites (links are included): 


Here is how "Constant Contact" defines spam:

What is Spam?

Spam is often in the eye of the beholder. If you ask ten different people

for a definition of Spam, you'll probably get ten different answers. So

here’s our best explanation: 

 Spam, as applied to email, means "Unsolicited Bulk Email". 

 Unsolicited means that the recipient has not granted the

sender affirmative consent(permission) to email them. 

 Bulk means that the message is sent as part of a larger collection of

messages, all having materially similar content 

Okay, so what does "Affirmative Consent" mean? 

The term "affirmative consent" means the recipient has expressly

consented to receive the message, either in response to a clear and

conspicuous request, or at the recipient's own initiative. 


Mailchimp Acceptable Use Policy: As an email service provider, we

feel it's our responsibility to be extra vigilant about preventing spam-related

abuse. It's also in our best interest to keep the system clean,

because our reputation and deliver-ability depend on it. That’s why you

may only use MailChimp to send Emails to people and entities that


1. Gave you written (including electronic) permission to send Emails to

them, have not withdrawn that permission, and:

1. gave you that permission in the past 12 months; or

2. didn’t object to promotional content you sent them in the past 12


Xpressdocs Rules on Email Campains:

Q. Can I purchase a list of email contacts?

A. No. All lists uploaded into the Xpressdocs Email platform

must contain only names that have opted-in to your mailing


SPAMHAUS.ORG: The word "Spam" as applied to Email means

"Unsolicited Bulk Email".

Unsolicited means that the Recipient has not granted

verifiable permission for the message to be sent. Bulk

means that the message is sent as part of a larger collection

of messages, all having substantively identical content.

A message is Spam only if it is both Unsolicited and Bulk.


REALTOR.ORG link to CAN-SPAM Compliance

The CAN-SPAM Act regulates all commercial email. Here are email

marketing best practices to follow to avoid CAN-SPAM violations and

 Don’t Buy and Sell Email Lists

CAN-SPAM explicitly prohibits the buying and selling of email lists. Although it

technically allows for the “renting” of email lists, it’s still risky. Sending emails

to people who did not specifically sign up to receive them guarantees a huge

unsubscribe rate. Even worse, it sets businesses up for a large number of spam

complaints, which triggers an investigation by the Federal Trade Commission




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Aloha, and have a great day 

Lance Owens (RS)

(808) 936-8383

LUVA Real Estate 

75-240 Nani Kailua Dr #8 , Kailua Kona, HI. 96740 (Pines Plaza) 


I hear ya' Lance and agree! I keep sending UNSUBSCRIBE and they keep sending and adding me to others' lists. 

Posted by Susan Laxson CRS, Local Knowledge & Global Network (HomeSmart Professionals) about 3 years ago

Susan Laxson Right? Its a constant battle, and it shouldnt be our battle. Please feel free to copy, paste, steal, share, these words, or this blog in any way you feel. I just want the word out! 


Posted by Kona Home Team (luva llc) Lance Owens (RS), Getting transactions done, when nobody else can! (Kona Home Team (luva llc)) about 3 years ago

Lance, I hear you. But what about all the other solicitations we receive in our work emails? I found by using the vacation setting on mine for two weeks it eliminated about 70% of the junk I was getting. I do use email to notify sgents of bonus situations, Brokers Opens and special offers that the mls is not set feature. What are you're thoughts on those?

Posted by John Rainville about 3 years ago

@John Rainville, I am with you 100% to send things out that the MLS is not set up for, that is a great way to use it as meant to be

And I will have to try that "Vacation" setting next time. Sounds awesome. 

Posted by Kona Home Team (luva llc) Lance Owens (RS), Getting transactions done, when nobody else can! (Kona Home Team (luva llc)) about 3 years ago