CAN-SPAM Requirements for Commercial Email
The Can Spam Act of 2003, requires that all email – including business-to-consumer and business-to-business – for which the primary purpose is the commercial advertisement or promotion of a commercial product or service to include:
Clear and conspicuous notice of the opportunity to decline to receive further commercial email messages from the sender.
- A functioning return email address or other Internet-based mechanism that is clearly and conspicuously displayed that recipients can use to request not to receive future advertisements or promotions.
- Clear and conspicuous identification that the email is an advertisement or solicitation. The sender of the email is responsible for determining how to indicate that the message is a solicitation (i.e., there is no requirement to include any specific language such as “ADV” in the subject line). However, if the recipient has provided affirmative consent to receive the message, then this identification is not required.
- A valid physical postal address of the sender. A post-office box (PO Box) or mail-drop does not suffice. These requirements on commercial email will not apply to “transactional or relationship” email messages, such as email about account balances, memberships, subscriptions, or other ongoing commercial relationships that are not primarily solicitations.
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