Legal Definitions - So You Want to File a CAN-SPAM Suit?

The term CAN-SPAM Act stands for the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.

The CAN-SPAM Act is a United States federal law that establishes rules for commercial email messages and gives recipients the right to have businesses stop emailing them. Its primary goal is to protect consumers from unwanted and deceptive commercial emails, often referred to as "spam," while also allowing legitimate businesses to send marketing communications. The Act sets requirements for commercial messages, including accurate header information, non-deceptive subject lines, and a clear way for recipients to opt out of future emails. It also mandates that commercial emails include the sender's physical postal address. Importantly, the CAN-SPAM Act largely preempts, or overrides, state laws regulating commercial email, creating a single national standard for businesses to follow.

• Example 1: Business Compliance with Opt-Out Mechanisms

  A new online bookstore, "Page Turner's Paradise," begins sending promotional emails about its latest releases and discounts to customers who signed up for its newsletter. To comply with the CAN-SPAM Act, every email sent by Page Turner's Paradise must include a clear and easy-to-find "unsubscribe" link. If a customer clicks this link, the bookstore is legally required to remove that customer from its mailing list within 10 business days and cannot send them further commercial emails.

  This example illustrates the CAN-SPAM Act's requirement for commercial emails to provide a functional opt-out mechanism, giving recipients control over the emails they receive.

• Example 2: Prohibition of Deceptive Subject Lines

  A company promoting a new financial product sends out an email with the subject line "Your Account Has Been Compromised – Immediate Action Required!" When recipients open the email, they discover it's merely an advertisement for identity theft protection services, not a genuine alert about their personal accounts. This deceptive subject line is a violation of the CAN-SPAM Act.

  This example demonstrates the Act's prohibition against using misleading or deceptive subject lines to trick recipients into opening commercial emails.

• Example 3: Requirement for Physical Postal Address

  A small business selling handmade jewelry online decides to expand its marketing efforts by sending out email newsletters. In each newsletter, in addition to product photos and discount codes, the business includes its physical street address at the bottom of the email. This practice ensures compliance with the CAN-SPAM Act, which requires all commercial emails to include the sender's valid physical postal address.

  This example highlights another key requirement of the CAN-SPAM Act: the inclusion of the sender's physical address in commercial emails, which helps ensure transparency and accountability.