The CAN-SPAM Act is a United States federal law from 2003 that sets requirements for commercial email messages and gives recipients the right to stop them. It is enforced mainly by the Federal Trade Commission. This entry is a general definition, not legal advice, and rules differ by country.
Why it matters
Its core requirements, in summary: do not use false or misleading header information or deceptive subject lines; identify the message as an advertisement where applicable; include a valid physical postal address; give a clear way to opt out and honour opt-out requests within the stated period (currently 10 business days). Each separate message that violates the law can be penalised. Other jurisdictions, such as the EU under the GDPR and ePrivacy rules and Canada under CASL, generally require prior consent, which is stricter than the US opt-out model.
Example
A promotional email footer that matches the typical requirements:
Example Shop, 123 Main Street, Springfield, USA
You received this because you bought from us.
Unsubscribe: https://example.com/unsubscribeThe unsubscribe link should work without a login and be honoured promptly. A List-Unsubscribe header adds a button in the mail client.
Common misconceptions
- CAN-SPAM only applies to bulk mail; it covers any commercial message.
- Transactional messages are always exempt; purely transactional ones have lighter rules, but mixed content can be treated as commercial.
- It applies only to US senders; it can apply to anyone mailing US recipients.
Related
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