Email has quickly become one of the primary means of communication for both businesses and consumers. But with the large increase in the volume of email we all receive each day, there has also been a surge in unwanted and unsolicited messages cluttering our sacred inboxes.

In an attempt to combat this issue and protect consumers, the United States introduced the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act in 2003.

The CAN-SPAM Act not only sets rules for commercial emails but also provides recipients the right to halt any unwanted messages.

In this email marketing glossary post, we'll attempt to dive into the basics of this Act, its significance in the email marketing landscape, and how businesses can ensure full compliance to foster trust and maintain healthy email relationships.

However, it’s important to note that we are not lawyers. Please do not consider this legal advice and consult a lawyer to ensure that you are in full compliance.

What is the CAN-SPAM Act?

ELI5: The CAN-SPAM Act was formed in 2003 to help combat spam and deceptive email practices by requiring transparency and honesty from senders. This law is enforced by the Federal Trade Commission (FTC).

And a little bit more detail… the CAN-SPAM act is “a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.”

Requirements of the CAN-SPAM Act

The CAN-SPAM Act establishes several key requirements for businesses and individuals who send commercial emails. Here are the main requirements of the CAN-SPAM Act:

  • Don’t use false or misleading header information

  • Don’t use deceptive subject lines

  • Identify the message as an ad

  • Tell your recipients where you are located

  • Tell your recipients how they can opt-out of future messages from you

  • Honor opt-out requests within 10 business days

Visit FTC.gov for a detailed breakdown of these requirements.

CAN-SPAM Penalties

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,120 (as of mid-2023).

If a company were to send out thousands of non-compliant emails, you can see how the penalties could quickly make their way into significant fines.

Transactional Emails and CAN-SPAM

Transactional emails do not fall within the scope of CAN-SPAM as they are not considered “commercial content”.

This means that you do not need to include things like unsubscribe options within these messages like you would need to for marketing emails.

Key takeaways

The CAN-SPAM Act was formed in 2003 to help combat spam and deceptive email practices.

Failing to comply with the CAN-SPAM Act can result in severe penalties (up to $50,120 per violation.

Transactional emails are exempt from CAN-SPAM rules as they are not considered commercial content.

This is not legal advice. Consult a lawyer to ensure that you are always within full compliance.

Email has quickly become one of the primary means of communication for both businesses and consumers. But with the large increase in the volume of email we all receive each day, there has also been a surge in unwanted and unsolicited messages cluttering our sacred inboxes.

In an attempt to combat this issue and protect consumers, the United States introduced the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act in 2003.

The CAN-SPAM Act not only sets rules for commercial emails but also provides recipients the right to halt any unwanted messages.

In this email marketing glossary post, we'll attempt to dive into the basics of this Act, its significance in the email marketing landscape, and how businesses can ensure full compliance to foster trust and maintain healthy email relationships.

However, it’s important to note that we are not lawyers. Please do not consider this legal advice and consult a lawyer to ensure that you are in full compliance.

What is the CAN-SPAM Act?

ELI5: The CAN-SPAM Act was formed in 2003 to help combat spam and deceptive email practices by requiring transparency and honesty from senders. This law is enforced by the Federal Trade Commission (FTC).

And a little bit more detail… the CAN-SPAM act is “a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.”

Requirements of the CAN-SPAM Act

The CAN-SPAM Act establishes several key requirements for businesses and individuals who send commercial emails. Here are the main requirements of the CAN-SPAM Act:

  • Don’t use false or misleading header information

  • Don’t use deceptive subject lines

  • Identify the message as an ad

  • Tell your recipients where you are located

  • Tell your recipients how they can opt-out of future messages from you

  • Honor opt-out requests within 10 business days

Visit FTC.gov for a detailed breakdown of these requirements.

CAN-SPAM Penalties

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,120 (as of mid-2023).

If a company were to send out thousands of non-compliant emails, you can see how the penalties could quickly make their way into significant fines.

Transactional Emails and CAN-SPAM

Transactional emails do not fall within the scope of CAN-SPAM as they are not considered “commercial content”.

This means that you do not need to include things like unsubscribe options within these messages like you would need to for marketing emails.

Key takeaways

The CAN-SPAM Act was formed in 2003 to help combat spam and deceptive email practices.

Failing to comply with the CAN-SPAM Act can result in severe penalties (up to $50,120 per violation.

Transactional emails are exempt from CAN-SPAM rules as they are not considered commercial content.

This is not legal advice. Consult a lawyer to ensure that you are always within full compliance.

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Email has quickly become one of the primary means of communication for both businesses and consumers. But with the large increase in the volume of email we all receive each day, there has also been a surge in unwanted and unsolicited messages cluttering our sacred inboxes.

In an attempt to combat this issue and protect consumers, the United States introduced the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act in 2003.

The CAN-SPAM Act not only sets rules for commercial emails but also provides recipients the right to halt any unwanted messages.

In this email marketing glossary post, we'll attempt to dive into the basics of this Act, its significance in the email marketing landscape, and how businesses can ensure full compliance to foster trust and maintain healthy email relationships.

However, it’s important to note that we are not lawyers. Please do not consider this legal advice and consult a lawyer to ensure that you are in full compliance.

What is the CAN-SPAM Act?

ELI5: The CAN-SPAM Act was formed in 2003 to help combat spam and deceptive email practices by requiring transparency and honesty from senders. This law is enforced by the Federal Trade Commission (FTC).

And a little bit more detail… the CAN-SPAM act is “a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.”

Requirements of the CAN-SPAM Act

The CAN-SPAM Act establishes several key requirements for businesses and individuals who send commercial emails. Here are the main requirements of the CAN-SPAM Act:

  • Don’t use false or misleading header information

  • Don’t use deceptive subject lines

  • Identify the message as an ad

  • Tell your recipients where you are located

  • Tell your recipients how they can opt-out of future messages from you

  • Honor opt-out requests within 10 business days

Visit FTC.gov for a detailed breakdown of these requirements.

CAN-SPAM Penalties

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,120 (as of mid-2023).

If a company were to send out thousands of non-compliant emails, you can see how the penalties could quickly make their way into significant fines.

Transactional Emails and CAN-SPAM

Transactional emails do not fall within the scope of CAN-SPAM as they are not considered “commercial content”.

This means that you do not need to include things like unsubscribe options within these messages like you would need to for marketing emails.

Key takeaways

The CAN-SPAM Act was formed in 2003 to help combat spam and deceptive email practices.

Failing to comply with the CAN-SPAM Act can result in severe penalties (up to $50,120 per violation.

Transactional emails are exempt from CAN-SPAM rules as they are not considered commercial content.

This is not legal advice. Consult a lawyer to ensure that you are always within full compliance.