FTC Assesses Primary Purpose of Emails in CAN SPAM Enforcement

As mentioned earlier, the FTC recently announced a proposed settlement with Experian, taking action against them for allegedly sending commercial emails while claiming those emails were transactional in nature. Meaning that users effectively couldn't opt-out from email messaging that was ultimately believed by the FTC to be commercial in nature.

Writing for the Ad Law Access blog, Gonzalo Mon, advertising lawyer at Kelley Drye & Warren, explains more about what's going on here and what marketers should be aware of -- the top point being, be very careful about what you call transactional. The "primary purpose" measure is something that the FTC takes very seriously. A short but important read, in my opinion.

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