CAN-SPAM Act
A U.S. 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.
Description
The CAN-SPAM Act, signed into law in 2003, is a significant legislative measure aimed at curbing the amount of unsolicited commercial email, commonly known as spam. This law mandates that businesses include accurate header information, refrain from using deceptive subject lines, and provide a clear and conspicuous way for recipients to opt out of future emails. It also requires that commercial emails be identified as advertisements and that the sender's physical address be included. The CAN-SPAM Act is essential for digital marketers, as non-compliance can result in hefty fines. The law applies to all commercial messages, which the law defines as 'any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,' including email that promotes content on commercial websites. Compliance with the CAN-SPAM Act not only helps avoid legal penalties but also fosters trust and credibility with your audience.
Examples
- An email from Amazon promoting their latest deals and discounts includes a clear 'Unsubscribe' link at the bottom, along with Amazon's physical mailing address.
- A newsletter from The New York Times features a subject line that accurately reflects the content of the email and provides a straightforward way for readers to opt-out of future emails, ensuring compliance with the CAN-SPAM Act.
Additional Information
- Non-compliance with the CAN-SPAM Act can result in penalties of up to $43,792 per violation.
- The law requires that opt-out requests be honored within 10 business days.