- The law
- CAN-SPAM Act of 2003, 15 U.S.C. 7704, and the FTC's rule at 16 CFR Part 316
- Who enforces it
- Federal Trade Commission (FTC)
- Penalties
- Up to $53,088 for each separate email that breaks the law, as stated by the FTC.
What it means for your email
- You can email people in the US without asking first: CAN-SPAM doesn't require consent before you send commercial email. It requires honesty and an opt-out.
- The law is about honesty instead: accurate From, Reply-To and routing details, and a subject line that matches what's inside.
- Every commercial email must say clearly that it is an advert, unless the person gave prior affirmative consent to receive it.
- Every commercial email needs a valid physical postal address and a clear way to opt out.
- Once someone opts out, they have taken back permission: stop within 10 business days.
Do
- Use a From name and address that honestly identify your business.
- Write subject lines that reflect the content of the email.
- Put a current street address, registered PO box or registered private mailbox in every commercial email.
- Keep a record of who asked to hear from you. Consent isn't required, but it lets you drop the advert label and helps deliverability.
- Check that any agency or platform sending for you follows the same rules.
Don't
- Don't disguise who the email is from or where it was sent from.
- Don't use a subject line that misleads people about the content.
- Don't keep emailing someone who has opted out.
- Don't hide a promotion inside a receipt and treat it as transactional.
Good to know
- Transactional or relationship emails (receipts, account notices, warranty information) are exempt from most of the rules, but still can't have false or misleading routing information.
- An email that mixes content is judged by its primary purpose. The FTC treats it as commercial if the subject line suggests an advert, or if the transactional part isn't mainly at the start.
- Opt-out law is a minimum. Mailbox providers judge you on complaints and engagement, so permission-based lists still do better.
Sources
- CAN-SPAM Act: A Compliance Guide for Business (Federal Trade Commission)
- 15 U.S. Code § 7704 - Other protections for users of commercial electronic mail (Legal Information Institute, Cornell Law School)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.