Internet Law Alert: Is A Can-Spam Act Update On The Horizon?

November 5, 2018

Internet Law Can-SPAM update The Gordon Law Group regularly works with brands and businesses on Internet law matters, including Can-Spam compliance. As such, we wanted to alert you about possible upcoming changes to the longstanding law. That’s right: The Federal Trade Commission is currently reviewing the issue and may recommend amendments to the Can-Spam Act by the end of the year.

What is the Can-Spam Act?

The Can-Spam Act regulates electronic SPAM — the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. The current Can-Spam rules allow for opt-out methods.

What Aspects of the Can-Spam Act Is The FTC Reviewing?

According to an FTC spokesperson, the commission will look at “the economic impact and benefits of the Rule; possible conflict between the Rule, State, local, or other Federal laws or regulations; and the effect on the Rule of any technological, economic, or other industry changes.”

Primarily, the Federal Trade Commission will be looking at how the bill currently defines “transaction message” and whether or not it’s appropriate. Commissioners will also examine the 10-day opt-out period after which brands can no longer send emails.

Potential Impact of A Can-Spam Update?

Industry analysts are keen to see if the Commission considers public opinion. Currently, folks have made it clear that they prefer more control over digital data. Furthermore, the current industry best practice is to secure consent, via a double opt-in system, before sending out emails, newsletters and other promotional materials.

Connect With An Internet Law Attorney

The Gordon Law Group regularly works with businesses on various Internet law compliance matters, including Can-Spam issues. Whether you need help with compliance issues or a legal claim, give us a call. We’ll review the situation and guide you through options.

We’re thorough, experienced, discreet, and exceptionally knowledgeable about Internet law matters. Get in touch today to begin the conversation.

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