The Federal Trade Commission (“FTC”) recently issued its final Discretionary Rule (“Final Rule”) that interprets the CAN-SPAM Act of 2003 (“CAN-SPAM”). CAN-SPAM is the federal law that regulates how marketers may send commercial email. While the Final Rule retains many of the provisions first introduced in the proposed rule the FTC issued in May 2005, there are nevertheless some significant changes. An executive summary and a more in-depth analysis follow.
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