FTC Refuses to Modify CAN-SPAM Rules in Light of Review

The Federal Trade Commission (FTC) has completed its review of the CAN-SPAM Rule and concluded by a vote of 5-0 that the rule should be retained with no changes or modification.

What is the CAN-SPAM Rule?

The CAN-SPAM Rule was adopted in 2008 and requires companies that send unsolicited marketing emails to identify these message as an advertisement, contain accurate header and subject lines, include a valid physical address, and offer recipients a way to opt out of future messages. Consumer requests to opt out should be implemented within 10 days. The law provides that opt outs must be free of charge and that marketers cannot require those opting out to provide any information other than an email address. It also ensures that consumers are not burdened by unsubscribing, limiting their experience to a simple reply email or navigation to one web page.

FTC’s Decision

Of the 92 comments submitted to the FTC, most favored keeping the old rule. The FTC concluded that the CAN-SPAM Rule “does benefit consumers and does not impose substantial economic burdens, and that no changes to the Rule were needed at this time.”