FTC intensifies focus on CAN-SPAM.(Legal Review)(Federal Trade Commission)(Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003)

Response, June, 2005 by Goldstein, Linda A.

As night follows day, so do investigations and enforcement actions by the Federal Trade Commission (FTC) follow the promulgation of workshops and trade regulation rules. It should come as no surprise to marketers, therefore, that the FTC has turned its attention to compliance with the CAN-SPAM Act.

The 2004 CAN-SPAM Act regulates the sending of commercial electronic messages. The act requires that commercial E-mail messages meet certain requirements. Most significantly, such messages must contain the address (no P.O. box) of the sender and must provide an Internet-based mechanism for the consumer to opt out, which must be honored within 10 days. If the mail is unsolicited, the message must contain a clear and conspicuous disclosure that the E-mail is an...

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