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United StatesSender identity

Sender identity rules for emails in the United States

Commercial emails need honest header details and subject lines, a clear note that they're ads, and a valid physical postal address for the sender.

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

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.

Related rules

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