Privacy Law Library

Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

CAN-SPAM

Marketing

CAN-SPAM sets rules for commercial email rather than banning it. Senders must not use false headers or deceptive subject lines, must identify messages as ads, include a physical postal address, and offer a working opt-out honored within 10 business days. It preempts most state commercial email laws.

Where
Federal
Citation
15 U.S.C. 7701-7713; 16 CFR Part 316
Status
In force
In force since
2004-01-01
Enforced by
Federal Trade Commission (and other agencies by sector); state attorneys general; internet access service providers
People can sue
Limited
Penalties
Violations are treated as FTC rule violations (civil penalties up to $53,088 per violation (16 CFR 1.98, inflation-adjusted amount in force since Jan. 17, 2025)); state AGs and internet access providers may seek statutory damages; aggravated violations are crimes (18 U.S.C. 1037).
Applies to
  • Senders and initiators of commercial electronic mail messages
  • Businesses whose products are promoted in commercial email

What a privacy notice must say

  • Include clear identification that the message is an advertisement, notice of the opt-out, and a valid physical postal address.15 U.S.C. 7704(a)(5)
  • Label sexually oriented commercial email with the FTC-prescribed warning.15 U.S.C. 7704(d); 16 CFR 316.4

Rights it gives people

  • Include a functioning return email address or other internet-based opt-out mechanism.15 U.S.C. 7704(a)(3)

Practices it requires

  • Do not use materially false or misleading header information or deceptive subject lines.15 U.S.C. 7704(a)(1)-(2)
  • Stop sending commercial email more than 10 business days after an opt-out request and do not sell or transfer the address.15 U.S.C. 7704(a)(4)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The Jan. 1, 2004 effective date is taken from the OLRC note to 47 U.S.C. 227 citing section 16 of Pub. L. 108-187 | CAN-SPAM Rule amendment history (16 CFR Part 316) predates eCFR's online history (2016) and was not verified | 18 U.S.C. 1037 criminal provision not fetched

Research reference, not legal advice.