What is the CAN-SPAM Act?
CAN-SPAM stands for Controlling the Assault of Non-Solicited Pornography and Marketing, the federal law governing commercial email in the US since 2003. It sets the rules for business emails and grants recipients the right to stop emails from a specific sender, along with the consequences for breaking those rules. President George W. Bush signed it into law on December 16, 2003. It covers commercial emails, B2B emails, and any message whose overall aim is promotion or advertising. In 2019, the Federal Trade Commission reviewed the rule and, after soliciting public comment, determined no changes were needed, with nearly all of the 92 public comments received supporting the rule as written.
What are the core CAN-SPAM best practices?
- Write subject lines that clearly convey your message
- Be explicit that your message is an advertisement
- Provide your real, physical address in the message
- Accurately identify the sender and ensure all forwarding is accurate
- Tell recipients how to unsubscribe from further emails
- Honor opt-out requests within 10 business days
Once a person opts out, you're not permitted to use or sell their email address to any third party, including other mailing lists.
Who is responsible for CAN-SPAM compliance on my campaigns?
Even if your organization outsources its email marketing, you remain responsible for it. Both the business promoting the product and the business sending the email are accountable under CAN-SPAM. On the recipient's side, their only obligation, if they want to unsubscribe, is to visit a single web page or respond with an opt-out message.
Data Mappers sources and delivers data in a manner consistent with CAN-SPAM on our end. What we can't control, and don't guarantee, is how you use that data once delivered, so campaign-level compliance sits with you as the sender.
Frequently asked questions
What is the CAN-SPAM Act?
The CAN-SPAM Act of 2003 sets the rules for commercial email in the US. It grants recipients the right to stop emails from a given sender, and specifies penalties for violations. It covers commercial emails, B2B emails, and any message whose overall aim is promotion or advertising.
What are the core CAN-SPAM best practices?
Write clear subject lines, identify the message as an advertisement, include your real address, accurately identify the sender, tell recipients how to unsubscribe, and honor opt-out requests within 10 business days.
Once someone opts out, can I still use their email address?
No. Once a person opts out, you're not permitted to use or sell their email address to any third party, including other mailing lists.
Who is responsible for CAN-SPAM compliance on my campaigns?
You are, as the sender. Data Mappers sources and delivers data in a manner consistent with CAN-SPAM on our end, but campaign-level compliance, accurate sender identification, a working unsubscribe mechanism, and honoring opt-outs, is the sender's responsibility.
Does outsourcing my email marketing remove my CAN-SPAM responsibility?
No. Both the business promoting the product and the business sending the email are accountable under CAN-SPAM, even when email marketing is outsourced.