FTC Postpones “Primary Purpose” Effectiveness

The Federal Trade Commission has postponed the date by which emailers must comply with CAN-SPAM rules it issued on December 16. Those rules outlined new criteria for determining the primary purpose of commercial email.

When the commission adopted the new regulations in December, it announced they would become effective on February 18. The revised effective date is March 28, 2005.

The agency blamed the postponement on a determination made by the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). The OIRA determined that the December regulations constitute a “major rule” under the Small Business Regulatory Enforcement Fairness Act, according to the FTC’s statement.

That act specifies a major rule can’t take effect until 60 days after it is published in the Federal Register and submitted to Congress.

Related reading