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CAN-SPAM Rule Stands

The Federal Trade Commission (FTC) has elected to retain its CAN-SPAM Rule in its present form without changes. The CAN-SPAM Rule implements the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. This body of law sets standards for “commercial” email, gives recipients the right to have you stop sending certain emails to them, and imposes steep penalties for violations. Penalties are presently as high as $41,484 per non-compliant email.

“Commercial” emails are “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. Marketing emails commonly fall within this category. Among its requirements for commercial emails, the CAN-SPAM Rule tells senders how to appropriately provide an opt-out or unsubscribe option from future commercial emails.

On February 12, 2019, the FTC announced that following its solicitation of public comment on the CAN-SPAM Rule, no changes are needed to the Rule at this time. The FTC invited public comment in 2017 on a number of aspects of the Rule, including whether changes in technology may bear on the Rule. The FTC reports it received 92 public comments “overwhelmingly” in support of keeping the Rule. This FTC review of the CAN-SPAM Rule was part of the FTC’s periodic review of its body of rules. The FTC’s confirmation of the CAN-SPAM Rule will be published in the Federal Register in due course.

Copyright © 2020 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IX, Number 51


About this Author

Nadia Aram, Womble Carlyle, Intellectual Property Attorney, technology licensing lawyer, commercial agreements legal counsel, private securities law

Nadia advises clients in a variety of business transactions involving the use and commercialization of intellectual property and technology. She has experience drafting and negotiating a broad variety of contracts, including technology licenses, services, consulting and other complex commercial agreements to help clients realize the value of their assets day-to-day, and as part of strategic product and technology acquisitions and divestitures. Nadia also practices in the areas of franchise law, and advertising, sweepstakes & promotions law, including advising clients...