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Compliance & Legal

CAN-SPAM

US law regulating commercial email, requiring sender identification and opt-out options.

Definition

CAN-SPAM (Controlling the Assault of Non-Solicited Pornography And Marketing Act) is a US federal law enacted in 2003 that sets rules for commercial email. It requires senders to include accurate sender information, honest subject lines, a physical address, and a clear way to unsubscribe. Violations can result in penalties up to $50,000 per email.

Why It Matters

Compliance with CAN-SPAM is legally required for anyone sending commercial email to US recipients. Beyond legal requirements, following these rules is simply good practice that builds trust with subscribers and protects your sender reputation.

How It Works

CAN-SPAM applies to any email whose primary purpose is commercial. You must include a valid physical postal address, a clear and conspicuous unsubscribe mechanism that works for 30 days, accurate From and Subject lines, and identification that the message is an ad (if applicable). You must honor unsubscribe requests within 10 business days.

Best Practices

  • 1Include your physical address in every commercial email
  • 2Make unsubscribe links easy to find and use
  • 3Honor unsubscribe requests within 10 business days (sooner is better)
  • 4Do not use deceptive subject lines or header information
  • 5Monitor third parties sending on your behalf for compliance

Frequently Asked Questions

If you send commercial email to recipients in the United States, CAN-SPAM applies. This includes businesses based outside the US if their emails reach US recipients.

Violations can result in penalties up to $50,000+ per email. Multiple violations, deceptive practices, or harvesting addresses can increase penalties and potentially lead to criminal charges.

Yes, CAN-SPAM allows a valid P.O. Box, a registered private mailbox (like UPS Store), or a street address. The address must be able to receive postal mail.