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Glossary

CAN-SPAM Act

The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) is a US federal law enacted in 2003 that sets rules for commercial email messages. It requires accurate sender identification, honest subject lines, a physical postal address, and a clear unsubscribe mechanism.

Key Aspects

Sender Identification

Requires accurate From headers and a valid physical postal address in the email.

Unsubscribe Requirement

Every commercial email must include a clear, conspicuous way for recipients to opt out.

Content Requirements

Prohibits deceptive subject lines and requires identification of the message as an advertisement.

CAN-SPAM Compliance Requirements

1

Accurate Header Information

The From, To, Reply-To, and routing information must accurately identify the sender. No false or misleading header information.

2

Non-Deceptive Subject Lines

Subject lines must accurately reflect the content of the email. Misleading subject lines are prohibited.

3

Include Physical Address

Every commercial email must include the sender's valid physical postal address (street, P.O. box, or registered mail box).

4

Provide Opt-Out Mechanism

Include a clear, conspicuous mechanism for recipients to unsubscribe. Honor opt-out requests within 10 business days.

Frequently Asked Questions

Does the CAN-SPAM Act apply to all business emails?
CAN-SPAM primarily regulates commercial email (marketing, promotions). Transactional emails (order confirmations, account notifications) are largely exempt but must still have accurate sender information.
Do email signatures need to comply with CAN-SPAM?
Email signatures themselves are not regulated by CAN-SPAM. However, if a signature contains promotional content, the email may be classified as commercial and subject to CAN-SPAM requirements.
What are the penalties for CAN-SPAM violations?
Each non-compliant email can result in penalties up to $51,744. The FTC, state attorneys general, and ISPs can all bring enforcement actions.
Does CAN-SPAM require opt-in consent?
No. Unlike GDPR, CAN-SPAM uses an opt-out model. You can send commercial email without prior consent, but you must honor unsubscribe requests promptly.

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