Coping with CAN-SPAM Rules

Effective July 7, 2008, the Federal Trade Commission (FTC) has issued new rules and clarified many aspects of the Federal CAN SPAM Act. Any commercial e-mail message, the primary purpose of which is the advertisement or promotion of a commercial product or service, is subject to the CAN SPAM Act. CAN SPAM requirements are separate from those under the Children's Online Privacy Protection Act (COPPA), Gramm-Leach- Bliley (GLB) and other privacy laws, as well as those under the Telephone Consumer Protection Act (TCPA) and Junk Fax Prevention Act. In addition to defining what constitutes a commercial primary purpose, the FTC recently clarified the obligations of multiple senders of commercial e-mail messages and addressed the status of viral marketing messages under the Act.

The CAN SPAM Act imposes a number of requirements that affect how commercial e-mail messages must be structured and opt-out requests processed. While messages that are a "routine conveyance" or so-called "transactional/relationship" messages are not covered by the CAN SPAM Act, the Act and FTC rules have broad application to all companies or organizations that send "commercial e-mail messages," including non-profits. The FTC has taken enforcement actions for violations of the CAN SPAM Act and it remains important for all companies to be aware of requirements and prohibitions under all laws related to commercial communications.

Learning Objectives:

- Understand the basics of CAN SPAM
- Learn about how the FTC's latest rule will affect your activities
- Identify differences and similarities with other laws on unsolicited commercial communications
- Understand the enforcement landscape
- Develop a proactive compliance program

Presented By:

Sheila A. Millar, Esq.
Attorney
Keller & Heckman, LLP

Ms. Millar counsels corporate and association clients on e-commerce, advertising, product liability, and regulatory compliance issues. She works with corporate and association clients to assist them in generating revenues and promoting their brands online through both business-to-business and business-to-consumer activities. Ms. Millar helps clients develop privacy policies, data security, access and breach notification procedures, as well as website and e-commerce terms. She develops and conducts training programs to assure national and international compliance with a range of regulatory and self-regulatory requirements, and advocates on behalf of clients on a range of issues before key policy bodies. She also counsels clients on intellectual property and assists them in structuring intellectual property protection programs to protect their trademarks and copyrights.

Among other publications, Ms. Millar is the author of Privacy and Security: Best Practices for Global Security, Journal of International Trade Law and Policy, Vol. 5, June 2006, Department of Law, Aberdeen Business School, the Robert Gordon University, Aberdeen, Scotland, © 2006; "Preventing Problems and Going to Court When Prevention Isn't Enough" in Product Liability Client Strategies, Aspatore Books, © 2006; and The Executive's Guide to Internet Law, published by the American Society of Association Executives, © 2000, 2001.

,b>Continuing Education:

This is a CEU presentation. Earn 0.15 CEU credits for attending. For a list of organizations accepting this CEU, please visit http://www.iacet.org/ content/accepting -ceus.html.