Introduction

The CAN-SPAM Act, established in 2003, establishes the rules for commercial email and messages, gives recipients the right to have a business stop emailing them, and outlines the penalties if caught being non-compliant. It also discriminates between two kinds of emails: Commercial and Transactional. Commercial emails are subject to stricter standards than are those considered to be Transactional.

Commercial email is any email where the main purpose "is the commercial advertisement or promotion of a commercial product or service”. Transactional or relationship content "facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction".

CAN-SPAM doesn’t only apply to mass email. "It 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,' including email that promotes content on commercial websites. The law makes no exception for business-to-business email. It does, however, exempt transactional and relationship messages.

What does this law mean for business owners? This means that your emails need to comply in three main areas: unsubscribe, content, and sending behavior.

Warning:  For every single email that violates the CAN-SPAM Act, the FTC can fine you $16,000. So, if you're caught breaking the rules for a list of 1,000 email addresses… you would be fined for each email.

Topics

• CAN-SPAM Compliance Guide Reference
• Add an Unsubscribe Link to a Marketing Campaign How-To