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FTC Defense Lawyer Explains Agency’s Review of Email Marketing Rule

Richard B. Newman

On June, 22, 2017, the Federal Trade Commission reminded the public about its continuing efforts to ensure that its rules align with consumer protection goals while not unduly burdening legitimate business objectives.

The standard regulatory review schedule includes a request for public comment on its rule implementing the CAN-SPAM Act. Specifically, without limitation, the Act requires that a commercial email contain accurate header and subject lines, identify itself as an advertisements, include a valid physical address, and offer recipients a way to opt-out of future messages.

The FTC is seeking comment on whether consumers have benefitted from the Act, whether it should be modified, conflicts with state anti-SPAM legislation, the costs of compliance, and whether it should be amended to account for technological or economic changes.

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HINCH NEWMAN LLP. ADVERTISING MATERIAL. These materials are provided for informational purposes only and are not to be considered legal advice, nor do they create a lawyer-client relationship. No person should act or rely on any information in this article without seeking the advice of an attorney. Information on previous case results does not guarantee a similar future result.

Mike Martin

Based on this rule, is it legal to do "cold emailing", where you buy/rent an email list and then do a blast email to these addresses?

- Mike