(Controlling the Assault of Non-Solicited Pornography And Marketing Act of 00)
Purpose and Scope Why was it enacted? Who does it apply to?
Jurisdiction U.S. law, but impacts global senders if emails reach U.S. recipients.
Key Requirements and Prohibitions of CAN-SPAM
Prohibition against False or Misleading Header Information Accurate "From," "To," "Reply-To," and routing information.
Prohibition against Deceptive Subject Lines Must accurately reflect the content of the message.
Requirement for Identification as an Advertisement Clear and conspicuous disclosure if the message is an advertisement or promotional material.
Requirement for a Valid Physical Postal Address A legitimate physical address of the sender.
Requirement for a Clear and Conspicuous Opt-Out Mechanism
Easy to find, operate, and free.
Must function for at least 0 days after the email is sent.
Processing opt-out requests within 0 business days.
Prohibition against Sending after Opt-Out Once canada email list someone opts out, you cannot send them commercial email.
Restrictions on Aggravated Violations Specific practices that can lead to higher penalties (e.g., dictionary attacks, automated registration, harvesting email addresses).
Understanding "Commercial Email" under CAN-SPAM
Primary purpose is commercial advertisement or promotion.
Transactional or Relationship messages vs. Commercial messages.
Mixed-purpose messages How CAN-SPAM applies when a message contains both commercial and transactional content.
Implications for Your Email List Management
List Acquisition
Emphasize permission-based marketing (opt-in).
Avoid purchasing lists.
Content Creation
Crafting compliant subject lines.
Including required disclosures.
Opt-Out Management
Implementing robust unsubscribe processes.
Maintaining accurate suppression lists.
Automating opt-out processing.
Data Accuracy
Keeping sender information up-to-date.
Regularly cleaning your list to remove invalid addresses.
Penalties for Non-Compliance
Fines per email ($0,0 per email as of recent updates, subject to inflation adjustments).
Aggravated violations can lead to higher penalties.
Criminal charges in some cases.
FTC enforcement, State Attorneys General, and Internet Service Providers (ISPs).
Best Practices for Email Marketers (Beyond Compliance)
Permission-Based Marketing Double opt-in is highly recommended.
Segmenting Your Audience Sending relevant content reduces unsubscribe rates.
Personalization Enhances engagement.
Reputation Management Avoiding spam complaints helps deliverability.
Regular Audits Periodically review your email marketing practices for compliance.
CAN-SPAM vs. Other Regulations (Briefly)
GDPR (General Data Protection Regulation) Stricter consent requirements, applies to EU citizens.
CASL (Canada's Anti-Spam Legislation) Very strict opt-in requirements, applies to messages sent to or from Canada.
Highlighting that compliance with stricter laws (like GDPR/CASL) often means compliance with CAN-SPAM.
Conclusion.