The CAN-SPAM Act: Time to Take a Look at Your E-Mail Policies

Mention the term "spam" to anyone these days and the response is likely to be very negative, possibly hostile. Spam is a nuisance suffered by millions of Americans every day. Last year, the federal government addressed the issue of spam by enacting the Controlling the Assault of Non-Solicited Pornography and Marketing Act, better known as the CAN-SPAM Act. The CAN-SPAM Act alters the playing field for any business or organization that routinely uses e-mail to communicate. Unlike the federal Do Not Call List, CAN-SPAM applies to all individuals, businesses, associations, and nonprofit organizations.

The Federal Trade Commission (the "FTC") recently issued new rules that provide guidance on how businesses can comply with the CAN-SPAM Act. The rules go into effect this spring.