The CAN-SPAM Act, codified at 15 U.S.C. 7701-7713, is the federal law that sets the national baseline for commercial email in the United States. In effect since January 1, 2004, it reaches any business that sends commercial email and any company whose products are promoted in commercial email, so both the sender and the advertiser can be held responsible.
What the CAN-SPAM Act Requires
Every marketing email must use truthful header and routing information, a subject line that is not misleading, a clear identification that the message is an advertisement, a valid physical postal address for the sender, and a working opt-out mechanism. Opt-out requests must be honored within 10 business days, and once someone opts out you cannot sell or transfer their address. Notably, the law does not require permission before emailing, which is why it is described as an opt-out law rather than an opt-in law.
Penalties and Enforcement
The FTC enforces the Act with civil penalties that adjust annually for inflation and currently exceed 50,000 dollars per violating email, and each separate email can count as a separate violation. State attorneys general and internet service providers can also sue, though individual recipients have no private right of action. The Act preempts most state spam laws except those targeting falsity or deception, which is why laws like California’s and Washington’s still apply.
Source: United States Code: 15 U.S.C. 7701-7713
Report a violation: If you believe a business is violating this law, you can file a complaint at FTC Fraud Report.
