The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM or the CAN-SPAM Act) establishes rules for sending commercial email messages whose primary purpose is advertising or promoting a product or services. CAN-SPAM also requires that businesses provide consumers with the ability to opt out of receiving such messages.1
The key steps for CAN-SPAM compliance include:
- refrain from using false or misleading header information or deceptive subject lines;
- identify commercial messages as advertisements;
- provide consumers a valid physical address;
- clearly explain how consumers can opt out of receiving commercial emails and promptly honor opt-out requests;
- provide an online opt-out mechanism that (i) is easy to use and (ii) does not require more than one step; and
- ensure third-party service providers that send commercial messages on your behalf are compliant with CAN-SPAM.2
1 15 USC §§ 2701-2712.
3 FTC, CAN-SPAM Act: A Compliance Guide for Businesses, FTC: Guidance, available here (last visited Feb. 23, 2019).