Business Client Alert: Federal Trade Commission to Apply CAN - SPAM Final Rules Effective February 18, 2005
12/30/2004
The CAN-SPAM Act of 2004 was an attempt by the U.S. Congress to respond to, and provide a regulatory format for, the increasing amounts of unsolicited commercial e-mail flooding American e-mail boxes. (see related Client Alert from December 22, 2003). For purposes of the application of the Act, the "primary purpose" of an e-mail message must be commercial -- but the Act did not define "primary purpose," leaving that instead to the Federal Trade Commission (FTC). After an extended comment period, the FTC has issued its final regulations "defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message." This Final Rule, commonly referred to as the "primary purpose rule," goes into effect February 18, 2005.
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