FTC Seeks Comment on Federal Email Law

Print Friendly, PDF & Email

July 5, 2017

email-lawThe Federal Trade Commission (“FTC”) recently announced a reform initiative aimed at eliciting comments from the general public on a host of federal regulations, including the landmark federal email law, Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”).

What is the FTC seeking to accomplish with the initiative? 


As part of the initiative, the FTC is seeking input from consumers on whether CAN-SPAM has been beneficial to consumers and whether it should be modified.  Additionally, the FTC has also requested comment from industry representatives concerning the email law’s compliance costs and whether CAN-SPAM should be amended to reflect economic and/or technological changes that have occurred in the nearly 15 years since its passage.


Broadly speaking, CAN-SPAM imposes requirements on the transmission of commercial email messages, imposing liability of up to $100 per violation.  Importantly, the requirements include restrictions on the use of both false or misleading header information and deceptive subject lines.  Likewise, senders of such commercial email must also identify their messages as advertisements, include a valid physical address, provide recipients with a mechanism to allow for opting-out of receipt of future email and honor such opt-out requests within 10-business days of the receipt of same.   While the email law restricts who may bring claims for violation of CAN-SPAM, the cost of compliance and the potential liability for violating the email law have proven significant over the 15 years since enactment.  The willingness of the FTC to revisit the law’s impact on legitimate email marketers is certainly welcome news to those operating in the space.


How to Avoid Email Law Related Liability


Those operating in the email marketing industry should be aware of various best practices that should be implemented to minimize the risk of liability under CAN-SPAM and its state email law equivalents.   First, advertisers should confirm that their email marketing partners are taking proper steps to maintain compliance with CAN-SPAM and related state laws, such as California’s § 17529.  Further, email marketers can implement proper protocols to ensure both their own compliance, as well as that of their respective affiliates.  Above all, working with experienced email marketing counsel before the launch of any campaign in order to implement the practices and procedures necessary to prevent the sending of unlawful commercial email and to avoid being named in a “spam” lawsuit is of tantamount importance.


If you are interested in this topic, or are otherwise the subject of a “spam” lawsuit, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.


The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising

Defending a Spam Lawsuit


U.S. Marketers – Get Ready for Canada Anti-Spam Law CASL Lawsuits


Email Marketing Attorneys and the FTC Clash Over, and Settle, Spam Claims

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

New York Sweepstakes Law blog- Klein Moynihan Turco

New York Sweepstakes Law: Are You Compliant?

Print Friendly, PDF & Email

In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to

TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Print Friendly, PDF & Email

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held

NY sports gambling law- Klein Moynihan Turco

Agreement Reached to Enact NY Sports Gambling Law

Print Friendly, PDF & Email

This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law.  Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York

UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

Print Friendly, PDF & Email

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”)

Share on facebook
Share on google
Share on twitter
Share on linkedin