What is CAN-SPAM in Email Marketing?

CAN-SPAM (unsolicited *********** and marketing) is a law passed in 2003.

the law that sets the rules for commercial email and commercial messaging, giving recipients the right to stop emailing and explaining the penalties for violating the law…

The Consumer Protection Bureau states that CAN-SPAM does not apply to bulk email only. “It contains all commercial messages, including the law ‘The primary purpose of commercial advertising or promotion of a commercial product or service is to publish any electronic mail message, including the email that transmits content on commercial websites. The law is no exception to Business Email. “However, this excludes transactional and related messages.



What does CAN-SPAM law mean in practice to marketers and business owners?

Let me tell you the rules you need to follow as an email marketer, but in short, your email needs to be followed in three main areas: unsubscribing, content, and sending behavior.

Do you use email in your business? The CAN-SPAM Act, the law that sets the rules for commercial email, determines the requirements for commercial messages, gives recipients the right to stop emailing, and imposes severe penalties for violations. Learn about email marketing challanges

Despite its name, the CAN-SPAM Act simply does not apply to bulk email. It contains all commercial messages defined by law as “any electronic mail message whose primary purpose is to promote commercial advertising or commercial product or service”, including email promoting content on commercial websites. The law does not make an exception for business-to-business emails. This means that all emails – for example, messages to former customers announcing a new product line – must comply with the law.

The CAN-SPAM act 2003

The Non-Requested Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 and Marketing (CAN-SPAM) Act 2003 is the law passed in 2003, the first national standard in the United States. Establishes sending commercial email. The law requires the Federal Trade Commission (FTC) to enforce its regulations. The law, introduced by Republican Conrad Burns, was passed by both the House and the Senate during the 108th United States Congress and signed into law by President George W. Bush.

Taken from the full name of the CAN-SPAM bill: Unsolicited regulation Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 and the Marketing Act 2003. It runs on the term “canning”. To the end,) spam is the general term for this type of unsolicited email. The bill was sponsored by Senators Conrad Burns and Ron Wyden in Congress.

The Can-Spam Act is sometimes called the “You-Can-Spam” Act by critics because the bill fails to ban a wide range of e-mail spam and repeals certain state laws that provide victims with practical solutions. In particular, e-mailers are not required to obtain permission before sending marketing messages. Learn more about email marketing from here

It prohibits states from enforcing strong anti-spam protections and prohibits individuals from receiving spam from suing spammers, except under laws specific to e-mail. Despite a letter from Senator Burns to the FTC, the law has not been significantly enforced, saying “it is important to enforce the CAN-Spam Act.” In 2004, less than 1% of spam complied with the 2003 CAN-SPAM Act.

First, what are the penalties for non-compliance with the CAN-Spam Act?

The FTC will fine you around $ 16,000 for each email that violates the CAN-SPAM Act. So if you get caught without being compliant with the 10,000 lists… you do the math. Oh, is that so.

So now I scared you, here’s how to follow CAN-spam rules.

Rules to follow for CAN-spam compliance:

In accordance with CAN-SPAM, it is important that your email messages fully comply with these rules, which appear on the FTC website.


  • Include your valid physical mailing address in every email you send.
  • Provide a clear and unambiguous way to opt-out of every email you send and must subscribe within 10 working days.
  • Use clear “sender”, “to” and “reply” language that accurately reflects who you are. This applies to the sender or business, as well as the domain name and email address.


  • Do not sell or transfer any other email address to another list.
  • Do not make it difficult to unsubscribe by email. You can unsubscribe from the 1) Fee may not be charged. E-mail. Learn about the importance of list building.
  • Do not use deceptive subject lines in your emails that misrepresent the content of your message.

Now, I can not stress enough that I am not a lawyer and you should not understand the contents of this article as legal advice. There is also extensive advice on this topic that you can refer to on the FTC website. However, if this has caused you some confusion in the past I hope this article has helped to give you some clarity about CAN-SPAM!

Hope! You find this information useful. Don’t forget to share and leave Your comments. Thank You.

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