What Is The CAN-SPAM Act?

The CAN-SPAM Act is a law that sets rules for commercial email, 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. 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 $16,000, 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. Your “From,” “To,” “Reply-To,” 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 and identify the message as an ad.

Tell recipients where you’re located. Your message must include your valid physical postal address.

Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the  recipient can opt out of getting email from you in the future.

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.