The CAN-SPAM Act is a federal law in the United States that sets rules for commercial email messages. Enacted in 2003, CAN-SPAM establishes requirements for commercial email senders and gives recipients the right to stop receiving emails. Understanding and complying with CAN-SPAM is essential for any business sending marketing emails to US recipients.
What is the CAN-SPAM Act?
CAN-SPAM (Controlling the Assault of Non-Solicited Pornography And Marketing Act) regulates commercial email messages sent in the United States. The law applies to any commercial email message, regardless of whether it's spam, and applies to both B2C and B2B communications.
Key CAN-SPAM Requirements
1. Header Information Requirements
Email headers must be accurate and not misleading:
- From Line: Must accurately identify the sender
- To Line: Must accurately identify recipients
- Reply-To: Must be valid and monitored
- Routing Information: Must accurately reflect the email's origin
You cannot use misleading domain names or sender information to hide your identity.
2. Subject Line Requirements
Subject lines must accurately reflect the email's content:
- Cannot be deceptive or misleading
- Must accurately describe the email content
- Avoid false promises or misleading claims
- Should match the email body
3. Identification Requirements
Commercial emails must clearly identify that they're advertisements:
- Must clearly disclose that the message is an advertisement
- Disclosure can be subtle but must be clear
- Usually satisfied by clear sender identification and honest subject lines
4. Location Requirements
Emails must include your physical postal address:
- Valid postal address required
- Can be your actual street address, post office box, or private mailbox
- Must be valid and deliverable
- Typically included in email footer
5. Opt-Out Requirements
Commercial emails must provide a clear way to opt out:
- Unsubscribe Mechanism: Must provide clear opt-out method
- Easy to Use: Must be simple and easy to understand
- Free: Cannot charge fees to unsubscribe
- Processing Time: Must honor opt-out requests within 10 business days
- Permanent: Must honor opt-outs permanently (cannot sell or transfer opt-out list)
6. Opt-Out Methods
Common opt-out methods include:
- Unsubscribe link in email footer
- Reply-to address with "unsubscribe" in subject
- Preference center for managing subscriptions
- Must work for at least 30 days after sending
CAN-SPAM Penalties
Violations of CAN-SPAM can result in significant penalties:
- Up to $51,744 per email violation (adjusted for inflation)
- Criminal penalties for certain violations (up to 5 years in prison)
- FTC enforcement actions
- State-level enforcement
- Private lawsuits (limited circumstances)
Penalties can add up quickly, especially for bulk senders with multiple violations.
Best Practices for CAN-SPAM Compliance
1. Accurate Header Information
- Use your actual business name in the From line
- Use your real domain name
- Ensure reply-to addresses are monitored
- Don't use misleading sender names
2. Honest Subject Lines
- Make subject lines accurately describe content
- Avoid false promises
- Don't use deceptive tactics
- Test subject lines for clarity
3. Clear Identification
- Make it clear who's sending the email
- Use consistent sender identity
- Include business name prominently
- Build sender reputation
4. Include Physical Address
- Always include valid postal address in footer
- Keep address up to date
- Use consistent address format
- Make address easy to find
5. Implement Easy Opt-Out
- Place unsubscribe link prominently in footer
- Make link easy to find and click
- Process opt-outs quickly (within 10 business days, ideally faster)
- Confirm opt-out to recipients
- Don't require additional steps (login, surveys, etc.)
6. Honor Opt-Outs Promptly
- Process within 10 business days (sooner is better)
- Update suppression lists immediately
- Never send to opted-out addresses again
- Don't sell or transfer opt-out lists
- Sync opt-outs across all systems
7. Monitor Third-Party Senders
If you hire others to send emails on your behalf:
- You're still legally responsible
- Ensure they comply with CAN-SPAM
- Monitor their practices
- Have contracts requiring compliance
Transactional vs. Commercial Emails
Commercial Emails
Must comply with all CAN-SPAM requirements:
- Primary purpose is commercial
- Promotes products or services
- Includes advertising
Transactional/Relationship Emails
Have limited CAN-SPAM requirements:
- Primary purpose is transactional (order confirmations, shipping updates, etc.)
- Must still have accurate headers
- Cannot have misleading subject lines
- Must include physical address
- Do not need unsubscribe mechanism (unless they contain commercial content)
Mixed Emails
If email contains both transactional and commercial content:
- Treated as commercial if primary purpose is commercial
- Must comply with all commercial email requirements
- Best practice: Include unsubscribe even if primary purpose is transactional
CAN-SPAM vs. Other Regulations
CAN-SPAM vs. GDPR
If sending to EU recipients, you must comply with GDPR, which is stricter:
- GDPR requires consent (CAN-SPAM does not)
- Apply stricter requirements (GDPR) when sending to EU
- GDPR requires opt-in consent for marketing emails
State Laws
Some states have additional requirements:
- CAN-SPAM preempts most state laws
- Some state laws still apply (fraud, deception)
- Check state requirements in jurisdictions where you operate
Compliance Checklist
- ✓ Accurate header information (From, To, Reply-To)
- ✓ Honest, non-deceptive subject lines
- ✓ Clear identification as advertisement (if commercial)
- ✓ Physical postal address in email
- ✓ Clear, easy unsubscribe mechanism
- ✓ Honor opt-outs within 10 business days
- ✓ Never send to opted-out addresses again
- ✓ Don't sell or transfer opt-out lists
- ✓ Monitor third-party senders
- ✓ Keep accurate records
Integration with ConnectAgent
ConnectAgent helps maintain CAN-SPAM compliance by:
- Automatic unsubscribe handling
- Compliance text insertion (physical address, unsubscribe)
- Suppression list management
- Opt-out processing and confirmation
- Audit trails for compliance
- Header configuration tools
Common Mistakes
- Misleading sender information or domain names
- Deceptive subject lines
- Missing physical address
- Difficult or unclear unsubscribe process
- Not honoring opt-outs promptly
- Requiring login or additional steps to unsubscribe
- Charging fees to unsubscribe
- Sending to opted-out addresses
- Not monitoring third-party senders
- Poor record-keeping
Conclusion
CAN-SPAM compliance is a legal requirement for any business sending commercial emails in the United States. By following the requirements—using accurate headers, honest subject lines, including physical addresses, providing easy opt-out mechanisms, and honoring opt-outs promptly—you can maintain compliance and avoid penalties.
Remember that CAN-SPAM is a minimum standard. Best practices often exceed CAN-SPAM requirements (such as obtaining consent and processing opt-outs faster than 10 business days). ConnectAgent provides tools to help maintain CAN-SPAM compliance, but understanding the law helps ensure your practices are compliant.
Always consult with legal counsel familiar with email marketing law to ensure your specific practices comply with CAN-SPAM and other applicable regulations.
