FTC Approves New CAN-SPAM Rule Provisions (May 12, 2008)

FTC Approves New CAN-SPAM Rule Provisions

On May 12, 2008, the Federal Trade Commission (“FTC”) approved four new provisions under the CAN-SPAM Act aimed at enhancing clarity and compliance for commercial email practices. Key highlights include:

• Opt-Out Requirements. Email recipients cannot be required to pay fees, provide information beyond their email address and opt-out preferences, or take more than a simple reply email or a visit to a single webpage to opt-out of future communications.

• Sender Definition. The definition of “sender” has been modified to clarify accountability among multiple parties involved in a single email.

• Physical Address Compliance. Senders can now use an accurately-registered post office box or private mailbox to fulfill the requirement of displaying a valid physical postal address in commercial emails.

• Expanded Definition of “Person”. The term “person” is now explicitly defined to include entities beyond just individuals, broadening the scope of CAN-SPAM obligations.

Additionally, the accompanying Statement of Basis and Purpose (SBP) addresses various topics, including:

• Clarification of "transactional or relationship messages."

• The timeframe for honoring opt-out requests remains unchanged.

• No new “aggravated violations” were designated under the Act.

• Guidelines on compliance for forward-to-a-friend email marketing campaigns.

These updates follow extensive feedback from the online commerce industry and consumer advocates, reflecting the FTC's commitment to adapt to evolving digital marketing practices.

For more information, see here:  https://www.ftc.gov/news-events/press-releases/2008/05/ftc-approves-new-rule-provision-under-can-spam-act

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