FTC Mulls Changes In Can-Spam, Report Due By December

The Federal Trade Commission is preparing a report on whether to amend the Can-Spam Act. The agency is set to issue its recommendations by December. 

Among other things, the FTC will examine “the economic impact and benefits of the Rule; possible conflict between the Rule and State, local, or other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes,” according to the Trump administration’s fall regulatory program.

Two important issues: The FTC is examining whether it should redefine the meaning of transactional messages to include additional categories, and whether it should reduce the 10-day period after which firms cannot sent emails to people who have opted out, according to Bloomberg.

The potential 10-day reduction would toughen the act. 

Any attempt to soften the law would fly in the face of moves by both industry and global regulators to require consent. The industry best practice is for all email subscriber lists to be permission-based, requiring double opt-in. The Can-Spam model is opt-out.

The agency asked for public comment on Can-Spam last year.

Can-Spam, an acronym for the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, gives individuals the right to have commercial enterprises stop emailing them.

 

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