On December 16, the Federal Trade Commission (FTC) published its final regulations on the CAN-SPAM Act. The final FTC regulations focus on determining the “primary purpose” of a commercial e-mail.

The CAN-SPAM Act, the first federal law placing restrictions on unsolicited commercial e-mail, or spam, in effect since January 1, 2004, required the FTC to issue regulations “defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.” That’s bureaucrat-speak meaning which e-mails are affected under the law.

The CAN-SPAM Act is part of an independent agent’s privacy compliance obligations. These privacy obligations exist in addition to a host of other privacy requirements under other laws, such as Do-Not-Call and Do-Not-FAX laws. PIA National has compiled resource guides that members can use. One is the PIA Guide to the CAN-SPAM Act, specific to e-mail requirements; another is our comprehensive Privacy Compliance Tools Kit, addressing all areas of compliance. Please note that we will be updating our guides in light of the final FTC regulations.

PIA will continue to work to obtain further clarifications on these regulations, specifically relative to concerns that still exist for associations. Please direct questions to Timothy Kovac, Director, Business and Compliance Affairs, at timko@pianet.org

FTC Federal Register Notice (12/16/04) 

PIA Guide to the CAN-SPAM Act (PIA Members Only) 

PIA Privacy Compliance Tools Kit (PIA Members Only)

December 21, 2004