[COMPANY_NAME] is committed to full compliance with the CAN-SPAM Act and all applicable email marketing regulations.
1. Overview of CAN-SPAM Act
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003) is a federal law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to opt out, and spells out penalties for violations.
Key Requirements
- Don't use false or misleading header information
- Don't use deceptive subject lines
- Identify the message as an advertisement (when applicable)
- Include your valid physical postal address
- Tell recipients how to opt out of future emails
- Honor opt-out requests promptly
Our Commitment
[COMPANY_NAME] is fully committed to CAN-SPAM compliance. Our platform is designed with built-in compliance features to help you send email marketing campaigns that meet all legal requirements.
2. How We Comply
Accurate Header Information
- The "From," "To," and "Reply-To" fields accurately identify the sender
- All routing information is accurate and verifiable
- Subject lines accurately reflect the content of the email
Clear Identification
- Marketing messages are clearly identified as advertisements when required
- Transactional emails (receipts, notifications) are distinguished from commercial emails
- Sender identity is always clear to recipients
Physical Address Requirement
Every email sent through our platform includes a valid physical postal address. Your business address is automatically included in all campaign emails.
Our address: [PHYSICAL_ADDRESS]
Opt-Out Mechanism
- Clear and conspicuous unsubscribe link in every email
- One-click unsubscribe process—no login required
- Unsubscribe requests processed within 10 business days
- No fee or requirements to unsubscribe
- Opt-out preferences honored immediately
Honoring Opt-Outs
- Unsubscribe requests are processed promptly and automatically
- No marketing emails sent after opt-out (transactional emails may continue)
- Opt-out lists maintained indefinitely
- Contacts cannot be re-added to campaigns after unsubscribing
3. User Responsibilities
When you use our platform to send email campaigns, you are responsible for ensuring compliance with CAN-SPAM and all applicable laws. This includes:
Your Obligations
- Obtain proper consent before adding contacts to your email lists
- Use accurate sender information in your emails
- Include your physical address (automatically added by our platform)
- Honor unsubscribe requests promptly (handled automatically)
- Never use deceptive subject lines that misrepresent email content
- Maintain clean email lists and remove invalid addresses
Account Consequences
Violations of CAN-SPAM compliance requirements may result in:
- Warning notifications and required corrective action
- Temporary suspension of email sending capabilities
- Account suspension or termination for repeated violations
- Removal from our platform for serious or willful violations
4. Types of Emails
Transactional Emails
Transactional emails are messages that facilitate an agreed-upon transaction or update customers about ongoing transactions. These include:
- Account confirmations and password resets
- Receipt and payment confirmations
- Subscription status updates
- Security alerts and notifications
Note: Transactional emails are exempt from some CAN-SPAM requirements but must still have accurate header information.
Commercial Emails
Commercial emails are messages whose primary purpose is advertising or promoting a commercial product or service. These include:
- Marketing campaigns and newsletters
- Promotional announcements
- Follow-up sequences to leads
- Re-engagement campaigns
Note: Commercial emails are subject to full CAN-SPAM requirements. Our platform automatically handles compliance features for these emails.
5. Consent & Permission
Express Consent (Recommended)
Express consent occurs when a contact explicitly agrees to receive your emails. This is the strongest form of permission and includes:
- Opt-in forms on your website
- Written or verbal agreement to receive emails
- Double opt-in confirmation (highly recommended)
Implied Consent
Implied consent may exist when you have an existing business relationship with a contact, such as:
- Current or former clients
- People who have inquired about your services
- Business card exchanges at events (with reasonable expectation)
Important Notes
- Document how and when you obtained consent
- Consent is not transferable—purchased email lists are prohibited
- When in doubt, obtain explicit consent
6. Unsubscribe Process
Our platform provides a robust, automated unsubscribe system:
How It Works
- Every email includes a visible, functional unsubscribe link
- Recipient clicks the link—no login required
- Unsubscribe is processed immediately
- Confirmation message is displayed
- Contact is marked as unsubscribed across all campaigns
- No further marketing emails are sent
Global Unsubscribe
When a contact unsubscribes, they are removed from all active campaigns and future campaigns. There is no per-campaign unsubscribe—unsubscribing removes the contact from all email marketing.
Re-subscription
Contacts who have unsubscribed cannot be re-added to campaigns without their explicit consent. They must actively opt back in through a new consent mechanism.
7. Monitoring & Enforcement
Our Monitoring Activities
- Regular audits of email compliance
- Monitoring of bounce rates and spam complaints
- Review of user accounts for compliance violations
- Automated detection of suspicious sending patterns
Violation Investigation
When potential violations are identified, we:
- Review the account and sending history
- Contact the user to understand the situation
- Require corrective action when necessary
- Take enforcement action for serious violations
Cooperation with Authorities
We cooperate fully with the FTC and law enforcement agencies investigating CAN-SPAM violations. If you believe someone is violating CAN-SPAM using our platform, please report it to [SUPPORT_EMAIL].
8. International Considerations
CAN-SPAM applies to commercial emails sent to recipients in the United States. However, if you send emails to recipients in other countries, additional laws may apply:
CASL (Canada)
Canada's Anti-Spam Legislation requires express consent before sending commercial electronic messages to Canadian recipients.
GDPR (European Union)
The General Data Protection Regulation has strict requirements for consent and data processing that affect email marketing to EU residents.
PECR (United Kingdom)
The Privacy and Electronic Communications Regulations govern electronic marketing in the UK.
Note: You are responsible for understanding and complying with the laws applicable to your recipients' locations.
9. Best Practices
Following these best practices will help ensure compliance and improve your email marketing results:
List Management
- Maintain clean, up-to-date email lists
- Remove bounced addresses promptly
- Honor all unsubscribe requests immediately
- Never purchase or rent email lists
Consent & Permission
- Use double opt-in when possible
- Keep records of how consent was obtained
- Be clear about what contacts are signing up for
- Respect opt-out preferences across all channels
Content Quality
- Provide value in every email
- Use accurate, honest subject lines
- Make your identity clear to recipients
- Keep content relevant to what contacts signed up for
Engagement Monitoring
- Monitor open and click rates
- Track and address spam complaints
- Remove inactive contacts periodically
- Adjust frequency based on engagement
10. Penalties & Consequences
FTC Penalties
Violations of the CAN-SPAM Act can result in penalties of up to $51,744 per email sent in violation of the law. The FTC can also seek:
- Injunctions and cease-and-desist orders
- Disgorgement of profits
- Criminal prosecution for aggravated violations
Platform Consequences
Users who violate CAN-SPAM on our platform may face:
- Warning notices requiring immediate corrective action
- Temporary suspension of email sending capabilities
- Account suspension or permanent termination
- Forfeiture of prepaid subscription fees
Reputation Damage
Beyond legal penalties, CAN-SPAM violations can damage your:
- Email sender reputation
- Business reputation and client trust
- Email deliverability rates
- Professional licenses (in regulated industries)
11. Resources & Support
Official Resources
Platform Features
Our platform includes built-in compliance features:
- Automatic unsubscribe link insertion
- Physical address inclusion in all emails
- Bounce handling and list hygiene
- Spam complaint monitoring
- Compliance alerts and notifications
Need Help?
If you have questions about CAN-SPAM compliance or our email practices, please contact us at [SUPPORT_EMAIL]. We're here to help you send compliant, effective email campaigns.
12. Updates to Compliance Policy
This compliance policy is reviewed regularly and updated as needed to reflect changes in:
- CAN-SPAM Act regulations and FTC guidance
- Industry best practices
- Our platform features and capabilities
- Email marketing standards
Changes will be posted on this page. Your continued use of our Services after any changes constitutes acceptance of the updated compliance policy.