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FTC Issues Final Rule Implementing the CAN-SPAM Act of 2003

January 02, 2005

By John J. Altorelli and Adam E. Kraidin

The Final Rule, which becomes effective on February 18, 2005, makes clear that the CAN-SPAM Act regulates only commercial speech, and provides criteria for determining when the "primary purpose of an electronic communication is commercial and thus subject to the Act, as opposed to transactional or relationship communications, which the Act expressly excludes from its definition of commercial electronic mail message.

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