CAN-SPAM Act Compliance

The CAN-SPAM Act regulates commercial email whose primary purpose is advertising or promoting a product or service in the United States. Its requirements apply to business-to-business messages as well as consumer promotions; they are not limited to bulk campaigns. The Federal Trade Commission identifies core duties including accurate sender information, truthful subject lines, an appropriate advertising disclosure, a valid physical postal address, and a clear way to opt out.

A working opt-out mechanism must remain capable of receiving requests for at least 30 days after a message is sent. Senders generally must honor requests within 10 business days and cannot make the recipient pay or complete unnecessary steps to unsubscribe. Using an outside email agency does not remove a company's legal responsibility. Transactional or relationship messages may be treated differently, depending on the message's primary purpose.

CAN-SPAM does not impose a blanket advance opt-in requirement for every U.S. commercial email. Other privacy laws, industry requirements, and email platform terms may impose additional restrictions. Businesses should distinguish compliance with this federal law from broader consent and deliverability practices.