CUNA Regulatory Comment Call


May 31, 2005

CAN-SPAM Act Rules

EXECUTIVE SUMMARY

Please feel free to fax your responses to CUNA at 202-638-7052; e-mail them to Senior Vice President and Associate General Counsel Mary Dunn at mdunn@cuna.coop and to Senior Assistant General Counsel Jeff Bloch at jbloch@cuna.coop; or mail them to Mary and Jeff in c/o CUNA’s Regulatory Advocacy Department, 601 Pennsylvania Avenue, NW, South Building, Suite 600, Washington, DC 20004-2601. You may also contact us at 800-356-9655, ext. 6732, if you would like a copy of the proposed rule, or you may access it on the Internet at the following address:

http://www.ftc.gov/os/2005/05/05canspamregformfrn.pdf

BACKGROUND

Under the CAN-SPAM Act, every commercial e-mail message is required to:

The FTC has the authority to implement rules under the CAN-SPAM Act. Earlier this year, the FTC issued a rule as to when an e-mail should be considered a "commercial e-mail message" and, therefore, covered under the CAN-SPAM Act requirements, as opposed to a "transactional or relationship" e-mail that would not be covered under the CAN-SPAM Act requirements. Click below for more information:

http://www.cuna.org/reg_advocacy/member/analysis/ftc_011005.html

The current proposed rule addresses a wide variety of issues, many of which are not directly relevant for credit unions. Below is more information about those issues that may be relevant for credit unions.

BRIEF DESCRIPTION OF THE PROPOSED RULE

The FTC proposes to make the following changes to the CAN-SPAM Act requirements:

QUESTIONS REGARDING THE FTC’S
PROPOSED CAN-SPAM ACT RULES

(The FTC is specifically interested in receiving comments on many of the issues raised by the following questions.)

Eric Richard • General Counsel • (202) 508-6742 • erichard@cuna.com
Mary Mitchell Dunn • SVP & Associate General Counsel • (202) 508-6736 • mdunn@cuna.com
Jeffrey Bloch • Assistant General Counsel • (202) 508-6732 • jbloch@cuna.com
Lilly Thomas • Assistant General Counsel • (202) 508-6733 • lthomas@cuna.com
Catherine Orr • Senior Regulatory Counsel • (202) 508-6743 • corr@cuna.com