The CAN-SPAM Rule at 16 CFR Part 316 is the FTC regulation that fills in the operational details of the CAN-SPAM Act. It has been in effect since 2004 and took its current form on July 7, 2008. Any business sending marketing email to US recipients must build its unsubscribe process around this rule.
How the CAN-SPAM Rule Defines Commercial Email
The rule uses a primary purpose test to decide what counts as a commercial email versus a transactional or relationship message. That distinction matters because the Act’s advertising disclosures and opt-out requirements attach to commercial messages, so classifying your sends correctly is the first compliance step.
Unsubscribe Mechanics That Senders Must Follow
Opting out must be as simple as sending a reply email or visiting a single web page. Senders cannot charge a fee or require any information beyond an email address to process an opt-out, and they cannot make people log in to an account to unsubscribe. The opt-out link must keep working for at least 30 days after the message is sent, and requests must be honored within 10 business days. Violations are treated the same as CAN-SPAM Act violations, which means FTC civil penalties can apply on a per email basis.
Source: U.S. Government Publishing Office: 16 CFR Part 316
Report a violation: If you believe a business is violating this law, you can file a complaint at FTC Fraud Report.
