Kirkland Alert Kirkland & Ellis LLP

New FTC Rules Clarify CAN-SPAM Act

The FTC recently approved four new rule provisions that clarify certain requirements of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. In addition, the Statement of Basis and Purpose accompanying the new rules clarifies the Commission’s position on so-called “forward-to-a-friend” emails and the requirement that the seller must provide some consideration or inducement for CAN-SPAM to apply.