FTC Keeps CAN-SPAM Rule

On February 12, 2019, the FTC announced the completion of its regulatory review of the Controlling the Assault of Non-Solicited Pornography and Marketing Act Rule (CAN-SPAM Rule or the Rule) and has decided to keep the Rule in its current form.

CAN-SPAM, among other things, requires that commercial e-mails contain accurate header and subject lines, identify themselves as advertisements, include a valid physical address, and offer recipients an opt-out for future messages.

As part of the review, the FTC sought public comment on the Rule.  Specifically, comments were requested on whether the FTC should change the categories of messages treated as “transaction or relationship messages,” shorten the time period for processing opt-out requests, or specify additional activities or practices that may be considered aggravated violations.  The majority of the comments received favored maintaining the rule as is.

Confirmation of the Rule will be published in the Federal Registry shortly.