Definition
💡 The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act is a law designed to protect consumers and businesses from unwanted emails. Passed in 2003, the law requires emails subject to it to follow rules concerning three key elements: subject lines, disclosures, and headers.
What does the CAN-SPAM Act regulate?
The CAN-SPAM Act regulates spam email and commercial messages. It prohibits email messages from including any deceptive or misleading information and subject headings. Organizations are required to identify information, such as the email’s return address.
The CAN-SPAM Act prohibits commercial entities from sending emails to recipients after they’ve explicitly opted out of receiving messages. According to the Federal Trade Commission (FTC), the CAN-SPAM Act may also apply to some text messages sent to other wireless devices.
What are the principles of the CAN-SPAM Act?
The CAN-SPAM Act operates on the following principles:
- Don’t use false or misleading information for your headers. Recipients must know who sent the email. Commercial emails should have accurate “From,” “To,” and “Reply-To” information.
- Avoid deceptive or misleading subject lines. Subject lines must clearly identify the email’s content.
- Make sure to identify or disclose your message as an ad. Businesses must clearly disclose that their commercial or marketing emails are advertisements.
- Indicate a valid location. Messages must have a valid physical address, which can be included in the email’s footer.
- Make it easy for recipients to unsubscribe or opt out of receiving future commercial or marketing emails from you. This also includes subscribers and members. Make sure your messages have a clear guide or explanation on how the recipient can opt out of getting any marketing email from you.
- Promptly address opt-out requests. According to the FTC guidelines, businesses or marketers should address the recipient’s request to unsubscribe within 10 business days. They also shouldn’t charge any fees or require the recipient to provide any personally identifying information apart from their email address.
What is the potential financial penalty per email for violating the CAN-SPAM Act?
Each email violating the CAN-SPAM Act is subject to a fine of up to $51,744.
What types of email subject lines are prohibited by the CAN-SPAM Act?
Subject lines with false or misleading information are prohibited by the CAN-SPAM Act.
Which organization enforces the provisions of the CAN-SPAM Act?
The Federal Trade Commission enforces the CAN-SPAM Act’s provisions.
