Article
CAN-SPAM Act: A Compliance Guide for Business
ftc.gov
Quoted on this wiki
Every place a page here uses this source, in the order the words come in it.
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule. “It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites.” Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule. “The law makes no exception for business-to-business email.” Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law. “Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly.” Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Don’t use false or misleading header information.” Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – 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.
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. “Don’t use deceptive subject lines.” Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. “The subject line must accurately reflect the content of the message.” Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message. “The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously 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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement. “Your message must include your valid physical postal address.” Tell recipients how to opt out of receiving future marketing email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting marketing email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all marketing messages from you. Make sure your spam filter doesn’t block these opt-out requests.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement. “This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.” Tell recipients how to opt out of receiving future marketing email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting marketing email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all marketing messages from you. Make sure your spam filter doesn’t block these opt-out requests.
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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. “Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting marketing email from you in the future.” Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. “Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand.” Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. “Creative use of type size, color, and location can improve clarity.” Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule. “It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites.” Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
“The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.” Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
“The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule.” Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – 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.
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule. “The law makes no exception for business-to-business email.” Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Don’t use false or misleading header information.” Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. “Don’t use deceptive subject lines.” Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law. “Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly.” Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule. “It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites.” Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
“The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule.” Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law. “Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly.” Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Don’t use false or misleading header information.” Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – 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.
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The FTC enforces the CAN-SPAM Act and the accompanying CAN-SPAM Rule. “It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites.” Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – 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.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: “Don’t use false or misleading header information.” Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law. “Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly.” Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you. “Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message.” Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. “You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all marketing messages from you.” Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
Tell recipients how to opt out of receiving future marketing email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting marketing email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all marketing messages from you. Make sure your spam filter doesn’t block these opt-out requests. “If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.” Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. “Give a return email address or another easy Internet-based way to allow people to communicate their choice to you.” Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. “Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting marketing email from you in the future.” Remember that subscribers and members can opt out of marketing emails, too. Recipients of emails from a sender that runs a subscription service or membership program still have the right to opt out of marketing messages from you. While you don’t need to get members’ consent to send them marketing emails, subscribers and members don’t lose their ability to opt out of marketing emails from you simply because they have a subscription or membership. Before sending a message without an unsubscribe link to subscribers or members, be sure that the primary purpose of the message fits within one of the five categories of “transactional or relationship” message set out in the Act. If it doesn’t, you need to include a way for recipients to opt out of further marketing messages from you.
Quotes are verbatim and belong to their publishers. Where a quote has been translated, the original wording is kept below it.