Compliance

CAN-SPAM Act The federal law setting the ground rules for commercial email and opt-outs

Marcus Lee By Marcus Lee, Senior Insurance Editor · Updated 2026-06-09
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The CAN-SPAM Act, codified at 15 U.S.C. §7701 (2003), is the federal law that governs commercial email by requiring honesty, transparency, and an easy way to unsubscribe. Under the Act, you cannot use deceptive subject lines or headers, you must include a valid physical postal address, you must clearly identify the message as an advertisement, and you must provide a working opt-out that you honor within 10 business days. The Federal Trade Commission enforces these rules and can pursue significant per-email penalties against violators. The law applies broadly to commercial messages, not just bulk blasts, so a single noncompliant email can create exposure. If you market insurance, mortgage, debt relief, or solar offers by email, compliance is not optional.
Also Known As
CAN-SPAM 15 U.S.C. §7701 Federal Commercial Email Law Anti-Spam Act
Used in Context
  1. Before launching an email campaign, Dreamy Leads confirms every message carries a valid postal address and a functioning unsubscribe link to stay CAN-SPAM compliant.
  2. A mortgage lead buyer was warned that reusing an old contact list without honoring opt-outs within 10 business days could trigger CAN-SPAM penalties.
  3. The solar marketer rewrote his subject lines after counsel flagged them as deceptive under the CAN-SPAM Act.
Related Terms
Compliance TCPA The federal law governing automated calls, texts, and telemarketing consent Compliance Do Not Call Registry A federal list that lets you block most telemarketing calls to your phone number Compliance Express Written Consent The documented permission required before contacting a consumer via automated calls or texts Compliance CCPA / CPRA California's privacy laws letting consumers control how their personal data is used and sold Compliance Prior Express Consent The baseline TCPA consent for non-marketing autodialed or prerecorded calls and texts Compliance One-to-One Consent FCC standard requiring TCPA consent to name each specific seller you agree to hear from Compliance TrustedForm Certificate Third-party proof that a consumer gave consent on a web form at a specific time
Frequently Asked Questions

How fast must I honor an unsubscribe request?

Under the CAN-SPAM Act, you must honor a recipient's opt-out request within 10 business days. Once someone unsubscribes, you cannot continue sending them commercial email, and the opt-out mechanism itself must stay working for at least 30 days after the message is sent.

Does CAN-SPAM require a physical address in emails?

Yes. Every commercial email must include a valid physical postal address. This can be a street address, a registered post office box, or a private mailbox registered with a commercial mail receiving agency. Leaving it out is a CAN-SPAM violation that the FTC can penalize.

Who enforces CAN-SPAM and what are the penalties?

The Federal Trade Commission enforces the CAN-SPAM Act and can pursue significant per-email penalties for violations. Because each noncompliant message can count separately, fines add up quickly across a campaign, making accurate subject lines, addresses, and opt-outs essential.

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