- The law
- CAN-SPAM Act of 2003, 15 U.S.C. 7704(a)(1), (a)(2) and (a)(5), and 16 CFR 316.2
- 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
- Header information must not be materially false or misleading. The FTC says your From, To, Reply-To and routing details must identify the person or business who started the message.
- A from line that accurately identifies the person who initiated the email isn't misleading.
- The subject line must not mislead people about the content of the email. The FTC says it must match the message.
- Every commercial email must clearly and conspicuously say it's an advertisement or solicitation, unless the person gave prior affirmative consent.
- Every commercial email must include the sender's valid physical postal address: a current street address, a PO box registered with the US Postal Service, or a registered private mailbox.
Do
- Use a from name people will recognise as your brand.
- Write subject lines that describe what's actually in the email.
- Put your postal address in every marketing email footer.
- Check any agency or platform sending for you does all of this. The FTC says you can't contract away your responsibility.
Don't
- Don't use a from name, reply-to or sending domain that hides who you are.
- Don't write subject lines like "Your order" or "Re:" on a sales email.
- Don't leave out the postal address or use one you don't receive mail at.
Good to know
- The ban on false or misleading headers also covers transactional and relationship emails, not just marketing.
- When one email promotes several businesses, each counts as a sender, unless one is named alone in the from line and meets the other rules. Then only that one does.
- CAN-SPAM overrides state laws that regulate commercial email, except where they ban falsity or deception. Check the state rules on deceptive emails.
- The opt-out notice is a separate requirement. See the US unsubscribe card.
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)
- 15 U.S. Code § 7707 - Effect on other laws (Legal Information Institute, Cornell Law School)
- 16 CFR § 316.2 - Definitions (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.