CAN-SPAM Act

The CAN-SPAM Act is a law that establishes the requirements for commercial mailings and gives recipients the right to stop receiving them. It also determines the punishment measures for deviation from the rules.

In this article, we’ll uncover the purpose of the CAN-SPAM Act and its essential requirements for email marketers. We’ll also determine which type of communication it outlaws and how to ensure CAN-SPAM compliance.

The Purpose of the CAN-SPAM Act

The primary purpose of the CAN-SPAM Act is to protect recipients from harmful, misleading, unwanted, and deceptive emails sent by businesses while establishing regulations for companies that utilize email marketing as a channel. By establishing guidelines for the types of emails that individuals and businesses can send, this law helps lower the number of spam emails that reach recipients’ inboxes. It also requires senders to include accurate information in email headers, subject lines, and sender identities, ensuring that recipients are protected from fraud.

The CAN-SPAM Act secures recipients’ rights and establishes clear rules for companies using email marketing as part of their marketing strategy. By adhering to this law, businesses ensure that ethical practices are applied when delivering email campaigns to subscribers.

Now that you know the main purpose of the CAN-SPAM Act, it’s time to figure out its key requirements for email marketers.

Essential Requirements of the CAN-SPAM Act for Email Marketers

When you send emails to your subscribers regularly, you should comply with the principles of the CAN-SPAM Act to prevent fines and protect your reputation. To avoid any negative impact on your brand, we’ll provide you with the requirements of this law for every business using email marketing.

• Include honest and accurate information in your header. When you send emails to your subscribers, ensure that the “From” field contains clear details. Your domain name and email address will distinctly identify the business that started the interaction.
• Add truthful subject lines. The subject line is crucial for subscribers to understand that the message doesn’t include any misleading or deceptive information. When your subject line accurately reflects the message's content, readers can quickly determine if they want to open and read the email campaigns.
• Mark your message as an ad. There are many ways to indicate to your recipients that your emails contain advertisements, and it’s essential to do so. Your subscribers should clearly understand what to expect in a message and how to respond.
• Cover your physical location. To demonstrate that your business is legitimate and trustworthy, your email should include a valid physical postal address. Whether you provide your registered post office box, your current street address, or a private mailbox, it helps establish the authenticity of your business.
• Provide opt-out information to users. Whenever you send email campaigns to your recipients, it’s crucial to give them instructions on how to unsubscribe from your email newsletter. Adding an unsubscribe button to the email footer makes this process easy. This way, subscribers can opt out of receiving information they are no longer interested in.
• Comply with regulations even when another company works on your behalf. If you use another business to manage your email campaigns, it’s still your responsibility to ensure everything adheres to the rules. You should send emails that do not deceive or mislead recipients.

Now that you know the crucial requirements you should follow, it’s time to understand which type of communication this act outlaws.

Which type of communication does the CAN-SPAM Act outlaw?

To determine which strategy to optimize, you must understand which communication channel the Act manages. This section will discuss this in detail.

The CAN-SPAM Act, incorporated in 2003, was designed to protect those involved in email marketing. This set of rules prevents customers and businesses from receiving unwanted, unsolicited, and deceptive messages from unreliable senders. By issuing the CAN-SPAM Act, the Federal Communications Commission managed to control commercial email campaigns and messages sent to smartphones. It applies to commercial and transactional emails aiming at advertising specific products or services.

Now that you know that your email marketing efforts are under the close watch of the Federal Communications Commission, it’s necessary to ensure compliance. In the next section, you’ll learn how to do it using our tips.

How to ensure CAN-SPAM compliance in your email marketing strategy?

When you create email campaigns, there are some rules you need to follow. We’ll unveil what you can do to bring your strategy to a higher level.

• Provide accurate sender details. When you send emails that comply with the CAN-SPAM Act, it’s necessary to provide correct information about your business. Your sender field should include a truthful domain name, email address, and business name. Additionally, your message needs to include your physical location and the correct address of your business. This helps you demonstrate that your company exists and actively operates.
• Write clear subject lines. Your subject lines should represent the content of your email messages without misleading subscribers. When composing your emails, ensure that recipients can quickly understand the type of content they receive just by looking at the subject lines. Avoid using clickbait or deceptive phrases, as these can trigger spam filters.
• Include unsubscribe buttons. Users lacking the option to opt out from receiving your messages can report your business, which can harm your reputation and result in penalties for non-compliance. To avoid this situation, always allow subscribers to unsubscribe voluntarily when they no longer want to receive your emails. This is straightforward when your emails feature opt-out buttons in the email footer.
• Process opt-out requests. If you offer an unsubscribe option, you need to be able to handle them promptly. Typically, this process should take no more than 10 business days. While doing this, you shouldn’t require subscribers to provide any additional information or charge them a fee. Users only need to visit a specific webpage or send a request via email. Furthermore, once these individuals opt out, you cannot transfer their personal information to third parties or sell their contact data. This ensures compliance with the CAN-SPAM Act Act.
• Avoid purchasing mailing lists. Sending emails to people who haven’t consented to receive your messages is poor email marketing practice. When you buy mailing lists, you end up with random recipients who may be completely uninterested in your offer. This can lead to your messages being marked as spam or reported, which negatively impacts your sender reputation.
• Preview your emails before sending them. Double-check them before sending messages to subscribers’ inboxes. Ensure that all email elements, including the subject line, header information, and sender details, are accurately included. Additionally, provide information about the opt-out option and how users can easily unsubscribe when they are no longer interested in your content.

Overall, the CAN-SPAM Act protects email recipients from unsolicited messages, ensuring that these emails are both reliable and relevant. By regulating senders and requiring compliance with the regulations, the act enables recipients to stop receiving unwanted emails when necessary. Adhering to the rules helps businesses avoid penalties for various reasons as well as being blacklisted.

Last Updated: 19.02.2025