CAN-SPAM Act

A Compliance Guide for Business

The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act establishes guidelines for commercial email in the United States, ensuring that recipients have the right to stop unwanted emails and imposing penalties for violations. Compliance with the CAN-SPAM Act is crucial for maintaining trust and legality in email marketing practices.

Key Requirements of the CAN-SPAM Act:

  1. Accurate Header Information:
    • Ensure that the “From,” “To,” “Reply-To,” and routing information—including the originating domain name and email address—are truthful and identify the person or business initiating the message.
  2. Non-Deceptive Subject Lines:
    • The subject line must accurately reflect the content of the email and not be misleading in any way.
  3. Identification as an Advertisement:
    • Clearly and conspicuously disclose that the message is an advertisement or solicitation, unless you have obtained prior affirmative consent from the recipient.
  4. Inclusion of Physical Address:
    • Provide a valid physical postal address where you can receive mail. This can be your current street address, a registered post office box, or a private mailbox registered with a commercial mail receiving agency.
  5. Opt-Out Mechanism:
    • Include a clear and conspicuous explanation of how the recipient can opt out of receiving future emails.
    • The opt-out mechanism should be easy to recognize, read, and understand.
    • Honor opt-out requests promptly, within 10 business days.
    • Ensure that your opt-out mechanism can process requests for at least 30 days after sending your message.
    • Do not charge a fee, require personally identifying information beyond an email address, or make the recipient take any steps other than sending a reply email or visiting a single webpage to opt out.
  6. Monitoring Third-Party Actions:
    • If you hire another company to handle your email marketing, monitor their compliance with the CAN-SPAM Act, as both the company whose product is promoted and the company that sends the message can be held legally responsible.

Penalties for Non-Compliance: Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $46,517. Therefore, adhering to these guidelines is not only a legal obligation but also a sound business practice.

Best Practices for Compliance:

  • Obtain Consent: Whenever possible, send emails only to individuals who have explicitly opted in to receive messages from you.
  • Maintain Clean Lists: Regularly update your email lists to remove addresses that have bounced or opted out.
  • Provide Clear Information: Ensure that your emails contain accurate information about the sender and a straightforward method for recipients to opt out of future communications.

For more detailed information, refer to the CAN-SPAM Act: A Compliance Guide for Business provided by the Federal Trade Commission.

By following these guidelines, you can effectively navigate the requirements of the CAN-SPAM Act and conduct your email marketing campaigns responsibly and legally.