CAN-SPAM Act
The CAN-SPAM Act is a US law (2003) that sets rules for commercial email, including requirements for opt-out mechanisms, honest subject lines, and sender identification.
What Is CAN-SPAM Act?
CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) applies to all commercial email sent to US recipients. Key requirements include: including a valid physical postal address, providing a clear opt-out mechanism, honouring opt-out requests within 10 business days, not using deceptive subject lines, identifying the message as an advertisement (when applicable), and accurately identifying the sender. Penalties for violations can reach $46,517 per email. Notably, CAN-SPAM does not require prior consent (opt-in) — it's an opt-out regime, meaning you can send to anyone as long as you comply with the rules. However, best practice (and most newsletter platforms) still require explicit opt-in.
Why It Matters for Newsletters
CAN-SPAM compliance isn't optional for anyone sending email to US recipients. Non-compliance can result in massive fines and legal action. More importantly, following CAN-SPAM principles — clear identification, easy unsubscribe, honest subject lines — is simply good practice that builds subscriber trust.
Best Practices
- Include a physical mailing address in every email (PO boxes are acceptable)
- Provide a one-click unsubscribe mechanism — don't make people log in or send an email
- Process unsubscribe requests within 10 business days (ideally immediately)
- Never use misleading subject lines or sender names
- Don't sell or transfer email addresses of people who've opted out
How Aldus Handles This
Aldus ensures CAN-SPAM compliance by including a one-click unsubscribe link and your physical address in every newsletter. Unsubscribes are processed immediately, and the platform prevents sending to opted-out addresses.