May 13, 2005, 12:00 AM

The FTC seeks comment on revisions to CAN-SPAM Act

The Federal Trade Commission is seeking comment on proposed changes to the CAN-Spam Act, including a provision that would cut the time to honor consumers’ opt-out requests, and a proposal barring e-mail marketers from charging opt-out fees.

Paul Demery

Managing Editor, B2B E-commerce

 

The Federal Trade Commission is seeking comment on five proposed changes to the CAN-Spam Act, including a provision that would cut to three days from 10 days the time senders may take to honor consumers’ opt-out requests.

The changes also include a proposal barring e-mail marketers from charging fees to consumers wishing to be added to opt-out lists. That provision also would prevent e-mail marketers from requiring consumers to provide information other than an e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet page.

The deadline for submitting comments is June 27.

The proposed revisions also define the term ‘person,’ a term used throughout the act but never defined, and modify the definition of ‘sender’ to make it easier to determine which of multiple parties advertising in a single e-mail message will be responsible for complying with the act’s opt-out requirements.

Another proposed revision would clarify that post office boxes and private mailboxes established pursuant to U.S. Postal Service regulations constitute ‘valid physical postal addresses’ within the meaning of the act.

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