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Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

US Version 1.0 63 obligations

Requirement Obligations

40

Title I — Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM)

Chapter I — CAN-SPAM Act

Article 7701. Congressional findings and policy

1 obligation

Article 7702. Definitions

2 obligations

Article 7703. Prohibition against predatory and abusive commercial e-mail

4 obligations

Article 7705. Businesses knowingly promoted by electronic mail with false or misleading transmission information

1 obligation

Article 7706. Enforcement generally

17 obligations

CANSPAM-7706-01 Requirement

FTC Commission Enforcement Authority

The Federal Trade Commission must enforce this chapter as if violations were unfair or deceptive acts or practices under

CANSPAM-7706-02 Requirement

Banking Agency Enforcement - OCC

The Office of the Comptroller of the Currency must enforce compliance with this chapter under section 8 of the Federal D

CANSPAM-7706-03 Requirement

Banking Agency Enforcement - Federal Reserve

The Federal Reserve Board must enforce compliance with this chapter under section 8 of the Federal Deposit Insurance Act

CANSPAM-7706-04 Requirement

Banking Agency Enforcement - FDIC

The Board of Directors of the Federal Deposit Insurance Corporation must enforce compliance with this chapter under sect

CANSPAM-7706-05 Requirement

Banking Agency Enforcement - OTS

The Director of the Office of Thrift Supervision must enforce compliance with this chapter under section 8 of the Federa

CANSPAM-7706-06 Requirement

Credit Union Agency Enforcement

The National Credit Union Administration Board must enforce compliance with this chapter under the Federal Credit Union

CANSPAM-7706-07 Requirement

Securities Agency Enforcement - Brokers/Dealers

The Securities and Exchange Commission must enforce compliance with this chapter under the Securities Exchange Act of 19

CANSPAM-7706-08 Requirement

Securities Agency Enforcement - Investment Companies

The Securities and Exchange Commission must enforce compliance with this chapter under the Investment Company Act of 194

CANSPAM-7706-09 Requirement

Securities Agency Enforcement - Investment Advisers

The Securities and Exchange Commission must enforce compliance with this chapter under the Investment Advisers Act of 19

CANSPAM-7706-10 Requirement

State Insurance Authority Enforcement

State insurance authorities must enforce compliance with this chapter under State insurance law for any person engaged i

CANSPAM-7706-11 Requirement

FTC Backup Insurance Enforcement

The Federal Trade Commission must exercise enforcement authority for insurance-related violations in any State where the

CANSPAM-7706-12 Requirement

Transportation Agency Enforcement

The Secretary of Transportation must enforce compliance with this chapter under part A of subtitle VII of title 49 with

CANSPAM-7706-13 Requirement

Agriculture Agency Enforcement

The Secretary of Agriculture must enforce compliance with this chapter under the Packers and Stockyards Act, 1921 (excep

CANSPAM-7706-14 Requirement

Farm Credit Administration Enforcement

The Farm Credit Administration must enforce compliance with this chapter under the Farm Credit Act of 1971 with respect

CANSPAM-7706-15 Requirement

Communications Agency Enforcement

The Federal Communications Commission must enforce compliance with this chapter under the Communications Act of 1934 wit

CANSPAM-7706-16 Requirement

FTC Violation Prevention Duty

The Commission must prevent any person from violating this chapter using the same manner, means, jurisdiction, powers, a

CANSPAM-7706-17 Requirement

State Prior Notice Requirement

States must serve prior written notice of any civil action to the Federal Trade Commission or appropriate Federal regula

Article 7708. Do-Not-E-Mail registry

2 obligations

Article 7709. Study of effects of commercial electronic mail

1 obligation

Article 7710. Improving enforcement by providing rewards for information about violations; labeling

2 obligations

Article 7711. Regulations

2 obligations

Article 7712. Application to wireless

8 obligations

CANSPAM-7712-01 Requirement

FCC Must Promulgate Rules Within 270 Days for Mobile Service Commercial Messages

The Federal Communications Commission must promulgate rules within 270 days to protect consumers from unwanted mobile se

CANSPAM-7712-02 Requirement

FCC Must Provide Opt-In Authorization Requirement for Mobile Commercial Messages

In promulgating rules, the FCC shall provide subscribers to commercial mobile services the ability to avoid receiving mo

CANSPAM-7712-03 Requirement

FCC Must Allow Electronic Opt-Out for Mobile Commercial Messages

In promulgating rules, the FCC shall allow recipients of mobile service commercial messages to indicate electronically a

CANSPAM-7712-04 Requirement

FCC Must Consider Provider-Subscriber Relationship in Rulemaking

The FCC shall take into consideration, in determining whether to subject providers of commercial mobile services to para

CANSPAM-7712-05 Requirement

FCC Must Require Provider Opt-Out at Service Subscription if Exempted

If the FCC determines that commercial mobile service providers should not be subject to paragraph (1), the rules shall r

CANSPAM-7712-06 Requirement

FCC Must Require Provider Opt-Out in Billing Mechanism if Exempted

If the FCC determines that commercial mobile service providers should not be subject to paragraph (1), the rules shall r

CANSPAM-7712-07 Requirement

FCC Must Determine Sender Compliance Methods for Mobile Messages

The FCC shall determine how a sender of mobile service commercial messages may comply with the provisions of this chapte

CANSPAM-7712-08 Requirement

FCC Must Consider Sender's Ability to Determine Message is Mobile Commercial

The Federal Communications Commission shall consider the ability of a sender of a commercial electronic mail message to

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