The FTC Released a Guide for CAN-SPAM Act- Requirements for Commercial Emailers

The CAN-SPAM Act: Requirements for Commercial Emailers

FTC FACTS for Business

The CAN-SPAM Act of 2003 (Controlling the Assault of NonSolicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.

The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A “transactional or relationship message” — email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship — may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, is authorized to enforce the CAN-SPAM Act. CANSPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.

April 2004

 

For more information, see here:  www.ftc.gov

 

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