CUNA Regulatory Comment Call


August 17, 2004

FTC Proposed CAN-SPAM Act Rules for Commercial E-mails

EXECUTIVE SUMMARY

Please feel free to fax your responses to CUNA at 202-638-7052; e-mail them to Associate General Counsel Mary Dunn at mdunn@cuna.coop and to 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 using the following link:
http://www.ftc.gov/os/2004/08/canspamfrn.pdf

BACKGROUND

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

The CAN-SPAM Act defines a “commercial e-mail message” as an e-mail in which the primary purpose is the commercial advertisement or promotion of a product or service, including content on an Internet website operated for a commercial purpose. These CAN-SPAM Act requirements do not apply to “transactional or relationship messages,” defined as e-mails in which the primary purpose is:

BRIEF DESCRIPTION OF THE PROPOSED RULE

The CAN-SPAM Act requires the FTC to issue rules by December 16, 2004 that define the relevant criteria for determining whether the “primary purpose” of an e-mail is commercial and, therefore, subject to the CAN-SPAM requirements for commercial e-mails. The FTC has now issued a proposed rule outlining the following criteria, which also addresses e-mails containing both “commercial” content and “transactional or relationship” content:

QUESTIONS TO CONSIDER REGARDING THE PROPOSAL ON MERGERS AND CHANGES OF INSURED STATUS

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
Catherine Orr • Senior Regulatory Counsel • (202) 508-6743 • corr@cuna.com