Here’s some stuff about email marketing and a law called CAN-SPAM. You’ve probably heard of it. It’s been around for a while, since 2003, which feels like a lifetime ago. But in 2025 it’s still a big deal.
A lot of people think email marketing is just about sending out flashy newsletters. Or maybe getting people to click a “buy now” button. And that’s part of it for sure.
But there’s this whole other side to it. The legal side. It is this side that can get you in a world of trouble if you ignore it. Fines for not following the rules are no joke.
So we’re going to go over the CAN-SPAM Act. We’ll break down what you actually need to do. This is a guide to help keep you on the right side of the law with your email campaigns.
What Exactly is This CAN-SPAM Thing Anyway?
So, CAN-SPAM is a long name for a U.S. law. It sets the rules for commercial email. It basically gives the people you’re emailing some rights.
The biggest right is the ability to tell you to stop emailing them. And it requires you to follow through when they do. It’s not just for bulk email either.
This law covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”
It’s pretty broad. So it’s generally a good idea to assume it applies to most of your marketing emails. The main idea is to be honest and not trick people.
The Main Rules of CAN-SPAM You Can’t Ignore
Okay so let’s get into the actual rules. There are a few main points that are considered to be the most important. If you get these right, you’re normally in pretty good shape. It’s not that hard once you know what to look for.
Being Honest in Your Headers
This one is all about not being deceptive. It is the information in the header of your email that needs to be truthful. It’s a big part of the law.
“From,” “To,” and “Reply-To”: These lines have to be accurate. They should identify the person or business who actually sent the message. You can’t pretend to be someone else.
Subject Line: Your subject line needs to reflect what’s in the email. You can’t say “Your Order Receipt” if the email is a sales pitch. That’s just a sneaky trick and the FTC doesn’t like it.
Your Physical Address is a Must-Have
Every marketing email you send needs to include your valid physical postal address. This is a strange one for some people but it’s a firm rule.
This could be your current street address. Or a post office box you’ve registered with the U.S. Postal Service. Or a private mailbox you’ve set up.
The reason for this is because it shows you’re a legitimate business. It adds a layer of accountability. Hiding who you are is a red flag.
The Unsubscribe Link – The Big One
This might be the most well-known part of CAN-SPAM. You must give people a clear and obvious way to opt out of getting more emails from you.
The link to unsubscribe has to be easy for a regular person to find and understand. Don’t hide it in tiny font or use weird colors that blend in.
Once someone clicks that link, you have 10 business days to stop sending them emails. You also can’t charge a fee or make them give you any extra personal information to unsubscribe. It has to be simple.
Where People Usually Mess Up with CAN-SPAM
A lot of well-meaning marketers make mistakes. It happens. But some mistakes are more common than others. Knowing what they are can help you avoid them.
Buying email lists is a big one. It’s almost always a bad idea and can get you in trouble fast. You don’t know if those people actually agreed to hear from you.
Another common mistake is making the unsubscribe process a pain. If someone has to log in, answer a quiz, or find a hidden link they are more likely to just mark you as spam.
And sometimes people just forget the physical address. It seems like a small detail but it’s a clear violation. It’s an easy fix, just put it in your email template footer.
Also, there’s some confusion about transactional emails versus commercial emails. A receipt for a purchase is transactional. A message announcing a sale is commercial. The rules apply to the commercial ones.
The Scary Part: Penalties and What Happens if You Break the Rules
The penalties for not following CAN-SPAM are pretty steep. They can really hurt a business, especially a small one. It is the Federal Trade Commission (FTC) that enforces these rules.
For 2025, the fines can be over $51,000 for each separate email that breaks the law. That’s not a typo. It’s per email, not per campaign.
So if you send a non-compliant campaign to a list of 100 people, you could theoretically be looking at a massive fine. It adds up very, very quickly.
More than one person or company can be held responsible too. The company whose product is in the email and the person who sent it could both be on the hook.
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Frequently Asked Questions about CAN-SPAM Email Marketing
1. Does CAN-SPAM apply to my B2B emails?
Yes, it typically does. The law doesn’t make a big distinction between B2C (business-to-consumer) and B2B (business-to-business) emails. If the message is commercial, the rules apply.
2. What if I hire an agency to do my email marketing for me?
You are still responsible. The company whose products or services are being promoted can be held legally responsible for any violations. You need to make sure any third party you work with is following the law.
3. Do I need to get someone’s permission before I email them?
This is interesting. The U.S. CAN-SPAM law is an “opt-out” law, meaning you don’t technically need permission beforehand. But, it’s a really bad practice to email people who don’t expect it. Other laws, like in Canada (CASL) or Europe (GDPR), are “opt-in” and much stricter. So getting permission is just smart.
4. How fast do I have to process an unsubscribe request?
The law gives you 10 business days. But you should really try to do it instantly. Most modern email service providers handle this automatically, so there’s usually no excuse for a delay.
5. Can my unsubscribe link just be an email address they have to write to?
Yes, you can have them send a reply email to opt-out. But you still need to make sure that system works and you process the requests within the 10-day window. A simple link is normally better for everyone involved.
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Key Takeaways
Don’t be tricky with your “From” line or your subject line. Be honest about who you are and what the email is about.
You have to include your real, physical mailing address in every single marketing email. No exceptions.
The unsubscribe link is king. Make it easy to find, easy to use, and honor requests quickly.
The fines are very big. Forgetting these rules can cost your business a lot of money. It’s not worth the risk.
Just because something is technically allowed doesn’t mean it’s a good idea. Always try to email people who want to hear from you.