What is CAN-SPAM?

CAN-SPAM stands for Controlling the Assault of Non-Solicited Pornography And Marketing.

It’s a law of rules for commercial email and messages which:

  • Can stop businesses sending messages and emails to people
  • Details the penalties for breaking this law

More about CAN-SPAM

The CAN-SPAM act was passed in 2003.

This law applies to:

  • Bulk emails
  • Business to business emails
  • Emails that promote commercial website content
  • Any electronic mail message like:
    • Commercial advertisements
    • Commercial promotions of products or services

But this law exempts:

  • Transactional messages
  • Relationship messages

So marketers and business owners emails need to comply in:

  • Unsubscribe
  • Content
  • Sending behaviour

Penalties for not complying with the CAN-SPAM Act

Each email that breaks the CAN-SPAM Act in the US will be fined $16,000 by the FTC.

In the UK, a judge can fine you £5000 or $6,500 or a jury’s fine can be unlimited.

CAN-SPAM Compliance Rules

To be CAN-SPAM compliant with your email messages, follow these rules:

What To Do

  • In every email you send, include your valid physical postal address
  • Make opting out easy on every email you send and unsubscribe them in 10 business days
  • Use “From,” “To” and “Reply to” to show who is sending the message and include the domain name and email address

What Not To Do

  • Don’t sell or transfer email addresses to another list
  • Don’t make unsubscribing from emails hard, like:
    • Charging a fee
    • Getting personal identity information, more than an email address
    • Taking extra steps, more than replying to an email or visiting a webpage
  • Don’t misrepresent email content with deceptive subject lines

Note: This is blog post is not legal advice and i’m not a lawyer.

For better advice on this subject:

  • Go to Google
  • Look up the Spam laws in your own country

So you will be better informed on this topic.

But for those you didn’t know a thing about CAN-SPAM then I hope this post helps keep you out of trouble.