The FTC has issued an advanced notice of proposed rulemaking related to the CAN-SPAM Act. This exercise could result in major changes to the way C-S affects banks. See http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/04-5500.htm
The rulemaking addresses two definitions that have a huge impact on email senders: "primary purpose of an electronic mail message" and "transactional or relationship message." By issuing regs to modify these critical definitions, the FTC could increase or decrease your compliance burden substantially. Hopefully banks will be offering a laundry list of routine email situations that involve mixed purposes--beginning with promotional "inserts" in email signature lines. The TORM exclusion also needs to be clarified in order to allow the widest variety of email communications with accountholders.
Also up for grabs is the 10-business-day period prescribed in the Act for honoring a recipient's opt-out request. Any changes here will affect systems and backroom operations designed to comply with C-S.