FTC Postpones New CAN-SPAM Rule Effective Date

The Federal Trade Commission has pushed back the effective date of new provisions of the CAN-SPAM from Feb. 18 to March 28.

On Dec. 16, the FTC established criteria for determining if the primary purpose of an e-mail is commercial.

The FTC said it made this change after the Office of Management and Budget determined that these provisions constitute a major rule under the Small Business Regulatory Enforcement Fairness Act. As such, they cannot take effect until at least 60 days after it is published in the Federal Register and submitted to Congress.

The CAN-SPAM Act, which took effect Jan. 1, 2004, requires the Commission to issue regulations defining the criteria to determine the primary purpose of an electronic mail message.