CAN-SPAM Act Requirements Every Email Marketer Must Follow

The Controlling the Assault of Non-Solicited Pornography and Marketing Act remains the primary US law governing commercial email. Unlike GDPR, which focuses on consent as a fundamental principle, CAN-SPAM focuses on transparency and the right to opt out. Violations can result in penalties of up to $46,517 per email, making compliance essential for every marketer sending to US audiences.

Email headers and from lines must accurately identify the sender. You cannot use misleading header information, forged headers, or deceptive subject lines. Your from name and email address must clearly represent who you are, and your subject line must reasonably reflect the message content. Header and subject line violations are particularly severely enforced.

“

Every commercial email must include a clear and conspicuous opt-out mechanism. The opt-out can be an unsubscribe link, a reply-to-unsubscribe address, or a preference center link. You cannot require payment, additional personal information, or navigation through multiple pages to unsubscribe. The process should be functional within one click or a single reply.

Opt-out requests must be honored within 10 business days. This is one of the most frequently violated requirements. Implement real-time unsubscribe processing through your ESP to ensure opt-outs are honored immediately. Real-time processing not only keeps you compliant but also protects your sender reputation by preventing spam complaints.

Additional requirements include identifying your email as an advertisement if advertising is the primary purpose, including your valid physical postal address in every email, and monitoring what others do on your behalf if you use third-party senders. The FTC holds both the sender and the sending service responsible for compliance.