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Paper 2 · Lesson 3 — Marketing, Listings, Methods of Sale, Data Protection, Advertising and CPFTA

Advertising rules

Spam Control `<ADV>`/unsubscribe, prohibited-ad / dummy-listing practices, outdoor-sign (BCA) licensing and exemptions.

1 questionAnswers & explanations includedFree — no sign-up

Question 1

Salesperson Grace sends a first marketing email about a new condominium to a list of private email addresses. A recipient replies with a question, and Grace answers. She later sends festive greetings to the same list, and separately sends a marketing message by WhatsApp.

Consider the following statements.

  1. (i) The first marketing email must carry an <ADV> label and a valid unsubscribe facility.
  2. (ii) A marketing message sent by WhatsApp is outside the Spam Control Act, because it is not an SMS.
  3. (iii) Grace's reply answering the recipient's question need not carry an <ADV> label.
  4. (iv) Festive or birthday greetings are not treated as specified messages under the Spam Control Act.
  1. A. (iii) and (iv) only
  2. B. (i), (iii) and (iv) only
  3. C. (i), (ii), (iii) and (iv)
  4. D. (i) and (iii) only
Show the answer and full explanation

Answer: B

The rule. A first, unsolicited marketing message needs an <ADV> marking and a valid unsubscribe facility. A genuine service reply to a recipient's own enquiry is service, not advertising, and need not carry <ADV>. Festive or birthday greetings are not specified messages. App-based marketing (e.g. WhatsApp) is treated within the Spam Control regime, not outside it.

Why B is correct. (i) the <ADV> and unsubscribe requirement, (iii) the service reply, and (iv) festive greetings are correct. (ii) is false — a WhatsApp marketing message is not outside the regime.

The other options.

  • C adds the false (ii), WhatsApp being outside the Act.
  • A drops (i), the <ADV> requirement.
  • D drops (iv), the festive-greetings point.

Exam note. <ADV> + unsubscribe on the first marketing message; app-based marketing is inside the regime, not outside it.

A genuine service reply to a recipient's own enquiry is service, not advertising →

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