Legal Definitions - CAN-SPAM Act of 2003: Core Requirements

The CAN-SPAM Act of 2003, which stands for Controlling the Assault of Non-Solicited Pornography And Marketing, is a federal law that establishes rules for commercial email messages. It gives recipients the right to have businesses stop emailing them and outlines strict requirements for how commercial emails must be sent. While its name might suggest it only targets unsolicited bulk email, the Act actually applies to all commercial emails, whether sent individually or in large quantities, provided they are commercial in nature.

To comply with the CAN-SPAM Act, senders of commercial email must adhere to several key principles:

• Accurate Headers: The email's header information, which includes details like the sender's name, email address, and routing data, must not contain false or misleading information. It should accurately identify who sent the email.
• Honest Subject Lines: The subject line must accurately reflect the content of the email and not be deceptive. It should give the recipient a clear idea of what the email is about.
• Clear Advertisement Disclosure: The email must clearly and conspicuously state that it is an advertisement or a solicitation. This disclosure should be easy for the recipient to see and understand.
• Easy Opt-Out Mechanism: The email must provide a clear and easy way for recipients to stop receiving future emails from the sender. This often takes the form of a visible unsubscribe link or a return email address that processes opt-out requests.
• Notice of Opt-Out Opportunity: Recipients must be clearly and conspicuously informed about their ability to opt out of future emails. This notice should be prominent and easy to find within the email.
• Honor Opt-Out Requests Promptly: Once a recipient opts out, the sender must stop sending them commercial emails within a specified timeframe (typically 10 business days).
• Valid Physical Address: Every commercial email must include a valid physical postal address for the sender. This provides a tangible way to identify the sender.

Here are some examples illustrating how these requirements apply:

• Example 1: Deceptive Subject Line

  A new online gadget store, "Tech Innovations," sends an email to its mailing list with the subject line "Your Shipping Confirmation for Order #12345." However, when opened, the email is actually a promotion for their latest smartphone model, not an order confirmation. The email does include an unsubscribe link and their physical address at the bottom.

  How it illustrates the term: This scenario violates the "Honest Subject Lines" requirement. Even though other aspects like the opt-out mechanism and physical address are present, the deceptive subject line misleads the recipient about the email's true commercial purpose, making it non-compliant with CAN-SPAM.

• Example 2: Missing Information and Opt-Out Issues

  A company called "QuickCash Loans" sends out emails offering personal loans. The sender's email address appears as "[email protected]," which is not their actual domain. The email's subject line is "Urgent: Your Loan Application Status," even though the recipient never applied for a loan. There's no mention that it's an advertisement, no unsubscribe link, and no physical address for QuickCash Loans anywhere in the email.

  How it illustrates the term: This example demonstrates multiple violations. The email fails on "Accurate Headers" (false sender address), "Honest Subject Lines" (deceptive subject), "Clear Advertisement Disclosure" (no ad notice), "Easy Opt-Out Mechanism" (no unsubscribe option), "Notice of Opt-Out Opportunity" (no mention of opting out), and "Valid Physical Address" (missing sender's address). Such an email would be in clear violation of the CAN-SPAM Act.

• Example 3: Failing to Honor Opt-Outs

  A travel agency, "Global Adventures," sends out weekly newsletters promoting vacation packages. Each newsletter clearly states "Advertisement" at the top, includes a prominent unsubscribe link, and lists their office address. A recipient, tired of receiving travel deals, clicks the unsubscribe link. Global Adventures' system confirms the opt-out. However, the recipient continues to receive the weekly newsletter for the next three weeks.

  How it illustrates the term: While "Global Adventures" initially complied with several requirements (disclosure, opt-out mechanism, physical address), they violated the "Honor Opt-Out Requests Promptly" principle. Once a recipient opts out, the sender is legally obligated to stop sending commercial emails within the specified timeframe, which Global Adventures failed to do.