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Email unsubscribe rules in the United States

Every commercial email needs a clear opt-out that works for at least 30 days, and you must stop emailing anyone who opts out within 10 business days.

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

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 Spotted something out of date?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.

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