Direct Mail & Marketing Compliance

Exphired is committed to full compliance with all applicable direct mail regulations, the CAN-SPAM Act, and real estate marketing standards.

1. Compliance Overview

Our expired listing letter service is designed to help real estate professionals connect with property owners through compliant, professional direct mail marketing. We take compliance seriously and have built our platform with regulatory requirements in mind.

Our Commitment

  • Full compliance with USPS regulations and requirements
  • Adherence to FTC guidelines on advertising and marketing
  • Support for real estate industry ethical standards
  • Respect for consumer privacy and preferences
  • Transparent and honest marketing practices

Applicable Laws & Regulations

Our Services and your use of them are subject to various federal, state, and local laws, including but not limited to:

  • USPS Domestic Mail Manual and regulations
  • CAN-SPAM Act (for any email communications)
  • FTC Act Section 5 (unfair or deceptive practices)
  • State real estate licensing laws and regulations
  • Local solicitation and marketing ordinances
  • Do Not Call and Do Not Contact registry requirements

2. Direct Mail Regulations

USPS Requirements

All letters sent through our platform comply with USPS requirements, including:

  • Proper addressing and formatting standards
  • Accurate return address information
  • Appropriate mail class and postage
  • Compliance with mailpiece design standards

Truthful Advertising

Under FTC guidelines and general advertising law, all marketing communications must be:

  • Truthful and not misleading
  • Substantiated with evidence for any claims made
  • Fair and not deceptive

Important Notice

You are responsible for ensuring that the content of your letters is truthful, not misleading, and complies with all applicable advertising and solicitation laws in the recipient's jurisdiction.

3. CAN-SPAM Compliance

While our primary service is direct mail, our platform may also send transactional and marketing emails. All email communications comply with the CAN-SPAM Act:

Email Compliance Features

  • Accurate "From" and "Reply-To" header information
  • Non-deceptive subject lines
  • Clear identification as advertising (when applicable)
  • Valid physical postal address in every email
  • Clear opt-out mechanism
  • Prompt honoring of unsubscribe requests

Email Types

Our platform sends two types of emails:

  • Transactional Emails: Order confirmations, shipping notifications, account alerts (exempt from some CAN-SPAM requirements)
  • Marketing Emails: Promotional content, newsletters (subject to full CAN-SPAM requirements)

4. Real Estate Marketing Standards

Real estate professionals using our Services should be aware of industry-specific requirements:

NAR Code of Ethics

If you are a REALTOR®, you must comply with the National Association of REALTORS® Code of Ethics, including:

  • Article 12: Honest advertising and true representation
  • Article 15: No false or misleading statements about competitors
  • Article 16: Respect for exclusive relationships

Licensing Requirements

Most states require real estate marketing materials to include:

  • Agent's name as licensed
  • Brokerage name
  • License number (in many states)
  • Office address or phone number

State-Specific Requirements

You are responsible for understanding and complying with your state's specific real estate advertising regulations. Requirements vary by state and may include specific disclosures, formatting, or approval processes.

5. User Responsibilities

When you use our platform to send expired listing letters, you are responsible for:

Your Obligations

  • License Compliance: Maintaining a valid real estate license where required
  • Content Accuracy: Ensuring all claims and information in your letters are truthful
  • Required Disclosures: Including all legally required disclosures and identifications
  • Do Not Contact: Respecting Do Not Contact lists and opt-out requests
  • Local Laws: Complying with local solicitation ordinances
  • Professional Standards: Adhering to real estate industry ethical standards

Prohibited Content

You may not use our Services to send letters containing:

  • False or misleading claims about properties or services
  • Defamatory statements about other agents or brokerages
  • Discriminatory content violating Fair Housing laws
  • Harassment, threats, or intimidation
  • Content that violates any applicable law

6. Do Not Contact Lists

Understanding Do Not Contact Requirements

While the National Do Not Call Registry primarily applies to telephone solicitations, you should be aware of:

  • State-level Do Not Mail or Do Not Solicit lists (where applicable)
  • Local ordinances restricting solicitation
  • Property owner requests not to be contacted
  • Posted "No Solicitation" signs (for in-person follow-up)

Opt-Out Handling

If a property owner requests to stop receiving letters:

  • Honor all opt-out requests promptly
  • Maintain your own suppression list
  • Do not send further letters to opted-out addresses
  • Consider implementing a universal opt-out across all campaigns

Platform Feature

Our platform includes opt-out tracking features to help you maintain compliance. When a recipient requests removal, you can add them to your suppression list to prevent future mailings.

7. Content Guidelines

Required Elements

Every letter should include:

  • Your name as it appears on your real estate license
  • Your brokerage name
  • Valid contact information
  • License number (if required by your state)
  • Accurate return address

Truthful Claims

All claims in your letters must be:

  • Verifiable: You should be able to substantiate any claims you make
  • Accurate: Market statistics and data should be current and correct
  • Not Misleading: Even technically true statements can be misleading in context
  • Clear: Avoid ambiguous language that could be misinterpreted

AI-Generated Content

When using our AI letter generation features:

  • Always review AI-generated content before sending
  • Verify any statistics or claims generated by AI
  • Ensure the content accurately represents your services
  • You are responsible for all content, regardless of how it was generated

8. Monitoring & Enforcement

Our Monitoring Activities

  • Review of letter content for compliance issues
  • Monitoring for prohibited content patterns
  • Response to complaints and reports
  • Regular compliance audits

Violation Response

When potential violations are identified, we may:

  • Contact you to discuss the issue
  • Request modifications to letter content
  • Temporarily suspend order processing
  • Require corrective action before proceeding
  • Terminate accounts for serious or repeated violations

Reporting Concerns

If you believe someone is misusing our platform or violating compliance requirements, please report it to support@exphired.com.

9. Best Practices

Following these best practices will help ensure compliance and improve your results:

Professional Presentation

  • Use professional, respectful language
  • Focus on value you can provide to property owners
  • Be honest about market conditions
  • Respect the property owner's situation

Legal Compliance

  • Review state-specific advertising requirements
  • Include all required disclosures
  • Maintain accurate license information
  • Keep records of letters sent

List Quality

  • Verify addresses before sending
  • Remove invalid or returned addresses
  • Maintain suppression lists for opt-outs
  • Target appropriate properties for your services

Content Quality

  • Personalize letters when possible
  • Review all content before sending
  • Proofread for errors and typos
  • Test different approaches and track results

10. Penalties & Consequences

Legal Penalties

Violations of marketing and advertising laws can result in:

  • FTC enforcement actions and fines
  • State attorney general actions
  • Real estate licensing board disciplinary action
  • Civil lawsuits from consumers
  • Criminal penalties for fraud or deception

Platform Consequences

Users who violate compliance requirements may face:

  • Warning notices and required corrective action
  • Temporary suspension of services
  • Account termination for serious violations
  • Forfeiture of prepaid credits or subscriptions

Professional Consequences

Marketing violations can also result in:

  • License suspension or revocation
  • Expulsion from professional associations
  • Damage to professional reputation
  • Loss of brokerage affiliation

11. Resources & Support

Official Resources

Platform Support

Our platform includes features to help you stay compliant:

  • Pre-approved letter templates designed for compliance
  • Automatic inclusion of required sender information
  • Suppression list management
  • Address verification and validation
  • Content review guidelines

Need Help?

If you have questions about compliance or our platform features, please contact us at support@exphired.com. We're here to help you send effective, compliant letters.

12. Updates to Compliance Policy

This compliance policy is reviewed regularly and updated as needed to reflect changes in:

  • Federal and state regulations
  • Industry best practices
  • Real estate licensing requirements
  • Our platform features and capabilities
  • FTC and regulatory guidance

Changes will be posted on this page. Your continued use of our Services after any changes constitutes acceptance of the updated compliance policy.

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