- The law
- CAN-SPAM Act of 2003, 15 U.S.C. 7704(a)(3) to (a)(5), and 16 CFR 316.5
- 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
- Every commercial email needs a clear and conspicuous notice that the person can opt out, plus a working way to do it.
- Honour each opt-out within 10 business days of receiving it.
- The opt-out link or reply address must keep working for at least 30 days after you send the email.
- Opting out must be free. You can only ask for the person's email address and their opt-out preferences.
- The most you can ask is a reply email or a visit to a single web page. No log-ins, no extra steps.
- Every commercial email must also carry your valid physical postal address.
Do
- Put the unsubscribe link where people can see it, in plain words.
- Test the link before every send and after any change to your platform or templates.
- Sync opt-outs across every tool and list that sends for you, well inside 10 business days.
- Keep the unsubscribe page to one step: the person lands, confirms and is done.
Don't
- Don't make people log in, create an account or confirm on a second page.
- Don't require a reason, a name or any other details to process an opt-out (an optional question is fine).
- Don't sell or pass on the address of anyone who has opted out, except to a company helping you comply.
- Don't charge a fee to opt out.
Good to know
- Transactional or relationship emails, such as receipts, don't need an opt-out, but they mustn't carry misleading routing information.
- If you hire an agency to send for you, you can both be held responsible for a broken opt-out.
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)
- 16 CFR § 316.5 - Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out (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 Spotted something out of date?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.