The Federal Trade Commission (FTC) has elected to retain its
CAN-SPAM Rule in its present form without changes. The CAN-SPAM
Rule implements the Controlling the Assault of Non-Solicited
Pornography and Marketing (CAN-SPAM) Act of 2003. This body of law
sets standards for "commercial" email, gives recipients
the right to have you stop sending certain emails to them, and
imposes steep penalties for violations. Penalties are presently as
high as $41,484 per non-compliant email.
"Commercial" emails are "any electronic mail
message the primary purpose of which is the commercial
advertisement or promotion of a commercial product or
service," including email that promotes content on commercial
websites. Marketing emails commonly fall within this category.
Among its requirements for commercial emails, the CAN-SPAM Rule
tells senders how to appropriately provide an opt out or
unsubscribe option from future commercial emails.
