The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) is a U.S. law that regulates commercial email messages. It sets national standards for sending marketing emails and empowers recipients to opt out of future messages. The act applies to B2C and B2B email communications and is enforced by the Federal Trade Commission (FTC).
The CAN-SPAM Act protects recipients from unwanted email while holding senders accountable for transparency and permission-based practices.
What Is the CAN-SPAM Act?
The CAN-SPAM Act of 2003 is a federal law that governs the use of commercial email for advertising or promotional purposes. It defines the rules for commercial messages, grants recipients the right to stop receiving emails, and outlines penalties for violations.
It applies to:
- Marketing emails
- Promotional offers
- Lead generation outreach
- Newsletters and drip campaigns
- Even B2B cold emails
Key CAN-SPAM Act Requirements
To be compliant, senders must:
| Requirement | Description |
|---|---|
| ✅ Don’t use false or misleading headers | From, To, and Reply-To must be accurate |
| ✅ Avoid deceptive subject lines | Subject must reflect the email’s content |
| ✅ Identify the message as an ad | Must disclose commercial intent (clearly but flexibly) |
| ✅ Include a valid physical address | Postal address of sender must appear |
| ✅ Offer a clear way to opt out | Provide an unsubscribe link or mechanism |
| ✅ Honor opt-out requests promptly | Stop emailing that contact within 10 business days |
| ✅ Monitor third parties (agencies, partners) | You’re still liable if someone else sends on your behalf |
What Emails Does the CAN-SPAM Act Apply To?
| Type of Email | Covered by CAN-SPAM? |
|---|---|
| 📧 Promotional email | ✅ Yes |
| 🛒 Product launch email | ✅ Yes |
| 📊 Lead generation email | ✅ Yes |
| 💬 Cold outreach email | ✅ Yes |
| 📥 Transactional email | ❌ No (e.g., receipts, support responses) |
| 🧾 Invoices or receipts | ❌ No |
| 🧠 Internal communication | ❌ No |
Transactional emails are exempt from CAN-SPAM but blended emails (e.g., receipts with promotions) must follow the rules.
Penalties for Violating the CAN-SPAM Act
Violations can result in:
- 💸 Up to $51,744 in fines per email (as of 2024 adjustment)
- 🛑 FTC investigations
- ⚖️ Civil lawsuits by recipients or competitors
- 🧾 Liability for email platforms and partners who violate on your behalf
Even unintentional violations (e.g., outdated unsubscribe logic or misleading subject lines) may result in significant legal and financial consequences.
CAN-SPAM vs GDPR vs CCPA
| Law | Region | Opt-in Required? | Applies to B2B? | Enforced By |
|---|---|---|---|---|
| CAN-SPAM | 🇺🇸 USA | ❌ No (opt-out OK) | ✅ Yes | FTC |
| GDPR | 🇪🇺 EU | ✅ Yes (explicit consent) | ✅ Yes | DPA, local authorities |
| CCPA | 🇺🇸 CA | ❌ No (opt-out required) | ✅ Yes | California Attorney General |
CAN-SPAM allows cold outreach as long as there’s a clear opt-out option.
How to Make Your Email Campaigns CAN-SPAM Compliant
✅ Use accurate sender details (email and display name)
✅ Include your company’s registered business address
✅ Always provide a clearly visible unsubscribe link
✅ Honor opt-out requests within 10 business days
✅ Avoid deceptive subject lines like “Urgent” or “Action Required” when it’s not
✅ Make it clear that the message is promotional or commercial
✅ Don’t hide unsubscribe links in small text or images
✅ Use email automation platforms that auto-handle compliance
CUFinder and CAN-SPAM Compliance
CUFinder helps clients stay compliant by:
- ✅ Providing business-only email data from public/legal sources
- ✅ Flagging outdated or high-bounce emails to avoid spam traps
- ✅ Enriching CRM records to segment commercial vs transactional messages
- ✅ Supporting opt-out workflows through CRM or API
- ✅ Never sharing personal, consumer, or unauthorized data
Common CAN-SPAM Act Myths
| Myth | Truth |
|---|---|
| ❌ “It doesn’t apply to B2B.” | ✅ It does—all commercial email is covered |
| ❌ “Cold emails are illegal.” | ✅ Cold emails are allowed with clear opt-out and identity |
| ❌ “Transactional emails require opt-out.” | ✅ Only promotional emails do |
| ❌ “I can take a long time to process opt-outs.” | ✅ You have 10 business days, no more |
| ❌ “The unsubscribe link can be hidden.” | ✅ It must be clear and visible |
Examples of CAN-SPAM Compliant Email Footer
plaintextCopyEditYou’re receiving this email because we thought you might be interested in [topic].
Company Name Inc.
1234 Business Ave, Suite 101
Austin, TX 78701
Don’t want to hear from us again? [Unsubscribe here]
Tools That Help with CAN-SPAM Compliance
| Category | Tools |
|---|---|
| 📧 Email Automation | Mailchimp, ActiveCampaign, ConvertKit |
| 🧩 CRM & Outreach | HubSpot, Salesforce, Apollo, Salesloft |
| 📥 Lead Verification | CUFinder, NeverBounce, ZeroBounce |
| 🧠 Consent Management | OneTrust, Usercentrics |
| 📬 Email Deliverability | GlockApps, MXToolbox |
Cited Sources
- Wikipedia: CAN-SPAM Act
- Wikipedia: Email marketing
- Wikipedia: Federal Trade Commission
- Wikipedia: Marketing automation
Related Terms
- GDPR
- CCPA
- Email Deliverability
- Cold Outreach
- Email Marketing
- CRM Integration
- Email Automation
- Opt-In / Opt-Out
- B2B Email Marketing
- Unsubscribe Link
- Spam Traps
- Bounce Rate
- Email List Hygiene
- Consent Management
FAQ
What does the CAN-SPAM Act stand for?
CAN-SPAM = Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.
Can I send cold emails under CAN-SPAM?
Yes, as long as you identify yourself clearly, include an opt-out mechanism, and comply with all sender requirements.
Do I need permission to email a B2B contact?
Not under CAN-SPAM. B2B outreach is permitted, but you must include a valid unsubscribe link and sender identity.
How long do I have to process an unsubscribe request?
You must remove the contact within 10 business days of their opt-out.
Does CUFinder provide CAN-SPAM compliant data?
Yes—CUFinder only sources B2B data from publicly available and lawful sources and supports opt-out and suppression list workflows.