CAN-SPAM Compliance (Topic Outline)

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Summary

The CAN-SPAM Act sets the rules for commercial email and messages. It gives recipients the right to make a business stop emailing them. It also lists the penalties for breaking the rules.

What This Does

The law treats two kinds of email differently. Commercial email is any email whose main purpose is to advertise or promote a commercial product or service. Transactional or relationship email helps finish a deal the customer already agreed to, or updates a customer about an ongoing deal. Commercial email has stricter rules.

CAN-SPAM does not apply only to mass email. It covers all commercial messages, including email that promotes content on commercial websites. It has no exception for business-to-business email. It does exempt transactional and relationship messages.

Your emails must follow the rules in three areas: unsubscribe, content, and sending behavior.

Warning: The FTC can fine you $16,000 for each email that breaks the CAN-SPAM Act. If you break the rules for a list of 1,000 email addresses, you can be fined for each email.

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