Legal Definitions - What is the CAN-SPAM Act?

The CAN-SPAM Act, which stands for the Controlling the Assault of Non-Solicited Pornography and Marketing Act, is a United States federal law enacted in 2003. Its primary purpose is to establish national standards for sending commercial email and to give recipients the right to stop receiving unwanted messages. The Act aims to curb deceptive and abusive email practices while allowing legitimate businesses to communicate with customers.

The CAN-SPAM Act sets several important rules for commercial emails:

• No False or Misleading Information: Senders must not use deceptive subject lines or header information that hides the true origin or content of the email.
• Clear Identification: The email must clearly identify that it is an advertisement or promotional message.
• Valid Physical Address: Every commercial email must include the sender's valid physical postal address.
• Easy Opt-Out Mechanism: Senders must provide a clear and conspicuous way for recipients to opt out of receiving future emails, and this mechanism must be functional for at least 30 days after the email is sent.
• Honor Opt-Out Requests Promptly: Senders must process and fulfill opt-out requests within 10 business days.
• Preemption of State Laws: The CAN-SPAM Act generally supersedes state laws that specifically regulate commercial email. However, it does not prevent states from enforcing laws that prohibit fraud or deception in the content of emails or attachments.

Here are some examples illustrating how the CAN-SPAM Act applies:

• Example 1: Deceptive Subject Line
  Imagine a clothing retailer sends an email with the subject line, "URGENT: Your Payment Method Declined!" When a recipient opens it, they discover it's actually a promotional email for a new line of credit cards, not a notification about an actual payment issue.

  This scenario illustrates a violation of the CAN-SPAM Act because the subject line is intentionally misleading and deceptive, designed to trick the recipient into opening a commercial message under false pretenses. The Act requires subject lines to accurately reflect the content of the email.

• Example 2: Missing Opt-Out Option and Address
  A new online gadget store launches and sends out thousands of promotional emails to potential customers. These emails showcase their products but do not include any link or instruction on how recipients can unsubscribe from future mailings, nor do they provide the company's physical mailing address.

  This situation violates the CAN-SPAM Act on two counts. First, it fails to provide a clear and conspicuous mechanism for recipients to opt out of future emails. Second, it omits the sender's valid physical postal address, which is a mandatory disclosure for all commercial emails under the Act.

• Example 3: Ignoring Opt-Out Requests
  A person signs up for a daily newsletter from a travel agency. After a few weeks, they decide they no longer want to receive these emails and click the "unsubscribe" link provided at the bottom of a newsletter. Despite receiving a confirmation that their request was processed, they continue to receive daily newsletters from the same travel agency for another two weeks.

  This example demonstrates a violation of the CAN-SPAM Act's requirement to honor opt-out requests promptly. The Act mandates that senders must process and fulfill unsubscribe requests within 10 business days, and continuing to send emails beyond that timeframe is a breach of this obligation.