The FTC Released a Guide for CAN-SPAM Act- Requirements for Commercial Emailers (April 2004)

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

 

In April 2004, the Federal Trade Commission (“FTC”) released its FTC FACTS for Business Guide on the CAN-SPAM Act, which was enacted in 2003 to regulate commercial email practices. In their guide, the FTC discusses the CAN-SPAM Act and how it established requirements for those sending commercial emails, outlined penalties for violators, and grants consumers the right to request the cessation of unwanted emails. The law was effective since January 1, 2004 and it primarily targets emails promoting commercial products or services, while certain transactional messages may be exempt from most provisions. The FTC, along with the Department of Justice and various federal and state agencies, is empowered to enforce the Act, ensuring compliance, and protecting consumers from spam.

 

The CAN-SPAM Act, enacted in 2003 and effective since January 1, 2004, regulates commercial email practices in the U.S. It aims to protect consumers from unsolicited emails while outlining specific requirements for businesses engaging in email marketing. Below are the key provisions:

1. Accurate Information. All emails must include accurate header information, identifying the sender clearly.

2. Honest Subject Lines. Subject lines should not mislead recipients regarding the email’s content.

3. Opt-Out Mechanism. Emails must provide a clear method for recipients to opt out of future communications. Requests must be honored within 10 business days, and the opt-out system must remain functional for at least 30 days.

4. Identification and Contact. Commercial emails must be marked as advertisements and include the sender's valid postal address.

5. Restrictions on Email Addresses. It is illegal to sell or transfer email addresses of those who opt out, except under specific conditions that ensure compliance with the law.

 

When it comes to penalties for non-compliance, violators can face fines of up to $11,000 per infraction. Additional penalties apply for specific violations, such as harvesting email addresses or using deceptive practices to send bulk emails. The Department of Justice can pursue criminal charges, including imprisonment, for severe breaches of the Act.

 

As for future developments, the FTC is expected to issue additional regulations regarding the labeling of sexually explicit emails and criteria for determining the primary purpose of emails. They will also report to Congress on the feasibility of a National Do Not E-Mail Registry.

 

For further updates on the CAN-SPAM Act, businesses can visit the FTC website at www.ftc.gov/spam.

 

These materials were obtained directly from the Federal Government public website and are posted here for your review and reference only.  No Claim to Original U.S. Government Works.  This may not be the most recent version.  The U.S. Government may have more current information.  We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to.  Please check the linked sources directly.