Aug 16, 2025
Email Marketing Compliance: A Simple Guide to the CAN-SPAM Act
Introduction
Email marketing is a powerful tool for any business, but it comes with a crucial set of rules. The CAN-SPAM Act is a U.S. law that sets the standards for commercial email, and failing to comply can result in significant penalties for your business.
The short answer is: the CAN-SPAM Act requires you to be honest in your messaging, transparent about who you are, and provide a clear way for users to opt out of future emails.
This guide will break down the seven core requirements of the CAN-SPAM Act to ensure your email marketing campaigns are fully compliant.
The 7 Core Requirements of CAN-SPAM
Every single marketing email you send must comply with these seven rules:
Don't Use False or Misleading Header Information: Your "From," "To," and "Reply-To" fields must be accurate and identify the person or business who initiated the message.
Don't Use Deceptive Subject Lines: The subject line must accurately reflect the content of the message. You can't have a subject line that says "Your Recent Order" if the email is purely a sales promotion.
Identify the Message as an Ad: The law requires you to clearly and conspicuously disclose that your message is an advertisement.
Tell Recipients Where You're Located: Your message must include your valid physical postal address. This can be your current street address, a post office box you've registered, or a private mailbox you've registered with a commercial mail receiving agency.
Tell Recipients How to Opt Out of Future Emails: You must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. The link or mechanism must be easy for an ordinary person to recognize and use.
Honor Opt-Out Requests Promptly: You must process opt-out requests within 10 business days. You cannot charge a fee, require the recipient to give any personally identifying information beyond an email address, or make them take any step other than sending a reply email or visiting a single page to opt out.
Monitor What Others Are Doing on Your Behalf: Even if you hire another company to handle your email marketing, you are still legally responsible for complying with the law.
Conclusion
The CAN-SPAM Act isn't designed to stop you from doing email marketing; it's designed to stop deceptive and abusive practices. By following these seven simple rules, you can ensure your email campaigns are compliant, professional, and effective at building a long-term, trust-based relationship with your customers.
Frequently Asked Questions (FAQ)
Does CAN-SPAM apply to B2B (business-to-business) emails?
Yes. The law does not make a distinction between B2B and B2C email. All commercial messages must comply with the Act's requirements.
What are the penalties for violating CAN-SPAM?
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,000, so non-compliance can become very expensive, very quickly.
Is there a "safe harbor" for small businesses?
No. The law applies to all commercial email, regardless of the size of the business sending it.
Does CAN-SPAM apply to transactional emails (like order confirmations)?
Transactional or relationship messages (like an order confirmation or shipping notification) are exempt from most of the provisions of CAN-SPAM, but they cannot contain false or misleading header information.
Do I need to get permission before sending a marketing email?
While the CAN-SPAM Act does not require you to get permission before sending a marketing email (unlike Canada's CASL or Europe's GDPR), it is a highly recommended best practice. Sending emails only to those who have explicitly opted in will result in much better engagement and a healthier email list.
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