CAN-SPAM Compliance Checker
Check if commercial emails comply with US anti-spam regulations
This page provides original, human-reviewed information about CAN-SPAM compliance checking, covering sender identity, unsubscribe handling, and deceptive subject line rules under US commercial email law. It is educational and not legal advice.
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) is a federal law passed by the United States in 2003 to regulate commercial email sending and protect consumers from spam.
Scope of Application:
- All commercial email messages
- Emails sent to US recipients
- Emails whose primary purpose is to promote commercial products or services
- Includes both B2B and B2C emails
Consequences of Violation:
- Maximum fine of $43,792 per violating email
- Potential criminal prosecution
- ISPs may blacklist the sender
- Reputation damage and business loss
Enforcement Agencies:
- Federal Trade Commission (FTC)
- State Attorneys General offices
- Internet Service Providers (ISPs)
1. Don't use false or misleading header information
- The sender name must accurately identify the person or business sending the email
- The sender email address must be accurate
- Routing information must be truthful
2. Don't use deceptive subject lines
- Subject lines must accurately reflect the email content
- Avoid using misleading or exaggerated words
- Don't deliberately conceal the commercial nature of the email
3. Identify the message as an ad
- Clearly and conspicuously identify the email as an advertisement
- Can be marked in the subject line or at the beginning of the email
- Use identifiers like "Advertisement" or "AD"
4. Tell recipients where you're located
- Include a valid physical postal address
- Can be a street address or post office box
- Address must be the sender's actual location
5. Tell recipients how to opt out of receiving future emails
- Provide a clear and conspicuous unsubscribe mechanism
- The unsubscribe process must be simple and easy to use
- Don't charge fees for unsubscribing
- Don't require recipients to provide information other than their email address
6. Honor opt-out requests promptly
- Must process unsubscribe requests within 10 business days
- Don't send emails to that address after unsubscribing
- Don't sell or transfer unsubscribed email addresses to others
7. Monitor what others are doing on your behalf
- Take responsibility for emails sent by third parties on your behalf
- Ensure partners comply with CAN-SPAM requirements
- Establish appropriate monitoring and compliance procedures
Email Design Best Practices
- Clearly display sender information at the top of the email
- Use real company name and contact information
- Include complete physical address at the bottom of the email
- Provide prominent unsubscribe link
Subject Line Writing Guidelines
- Ensure subject line accurately reflects email content
- Avoid using exaggerated words like "Free", "Urgent"
- Don't use all capital letters
- Avoid excessive exclamation marks and special symbols
Unsubscribe Mechanism Implementation
- Provide clear unsubscribe link at the bottom of the email
- Use clear terms like "Unsubscribe" or "Opt Out"
- Ensure unsubscribe link is valid for 30 days
- Implement one-click unsubscribe functionality
- Add List-Unsubscribe field in email headers
Record Keeping Requirements
- Keep email sending records
- Record unsubscribe requests and processing time
- Maintain recipient consent records
- Regularly review and update email lists
Technical Implementation Recommendations
- Configure SPF, DKIM, and DMARC records
- Use dedicated sending IP addresses
- Monitor sending reputation and complaint rates
- Implement feedback loop processing
Does the CAN-SPAM Act apply to B2B emails?
Yes, the CAN-SPAM Act applies to all commercial emails, including B2B emails.Even emails sent to businesses must comply with all CAN-SPAM requirements.
What is the "primary purpose" test?
The FTC uses the "primary purpose" test to determine if an email is commercial.If the primary purpose of the email is to promote commercial products or services,it is considered commercial and must comply with CAN-SPAM requirements.
Can I purchase email lists?
While the CAN-SPAM Act doesn't prohibit purchasing email lists, you must stillcomply with all regulatory requirements, including providing unsubscribe mechanisms.Using opt-in lists is recommended to reduce compliance risks.
How long must unsubscribe links remain valid?
Unsubscribe links must remain valid for at least 30 days after the email is sent.It's recommended to set a longer validity period to ensure recipients can unsubscribe at any time.
Do I need to include a physical address in every email?
Yes, every commercial email must include the sender's valid physical postal address.This can be a street address or post office box.
What is the List-Unsubscribe header?
List-Unsubscribe is an email header field that allows email clients to display an unsubscribe button.While not legally required, it's strongly recommended to improve user experience and compliance.
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