CAN-SPAM Act

The CAN-SPAM Act is a United States law that sets rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have emails stopped from being sent to them. Enacted in 2003, this legislation directly impacts cold email marketing by establishing legal requirements that all commercial emailers must follow. Violations can result in penalties of up to $43,792 per email, making compliance essential for any business conducting email outreach in or to the United States.

The CAN-SPAM Act outlines several key requirements for commercial emails. Messages must include accurate sender identification, truthful subject lines that clearly indicate the message’s commercial nature, and clear disclosure that the message is an advertisement. Every email must provide a legitimate physical postal address for the sender and include a clear, conspicuous way for recipients to opt out of future emails. When someone requests to unsubscribe, you must honor that request within 10 business days and cannot charge a fee or require any information other than an email address. The law also prohibits using false or misleading header information and deceptive subject lines.

For cold email marketers, CAN-SPAM compliance involves implementing proper processes and technical infrastructure. Include your company’s physical mailing address in every email, use clear and accurate “From” names and email addresses, and ensure subject lines accurately reflect email content. Implement reliable unsubscribe mechanisms that work consistently and process opt-out requests promptly. Maintain records of unsubscribe requests and ensure your email systems suppress future mailings to opted-out addresses. While CAN-SPAM doesn’t require prior permission to send commercial emails (unlike GDPR), following best practices like targeting relevant prospects and providing genuine value helps ensure compliance with the law’s spirit and reduces spam complaint risks. Consider consulting legal counsel for complex compliance situations, especially when operating across multiple jurisdictions with different email marketing regulations.