CAN-SPAM Act

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), although expressly enacted to target senders of pornography and those who use fraudulent or deceptive business practices, regulates all commercial electronic mail messages. The statute requires e-mail messages that are commercial in nature to include all three of the following:

1. Clear and conspicuous identification that the message is an advertisement or solicitation
2. An ability to “opt-out” electronically from future e-mails of this nature
3. A valid postal address of the sender

The Act does not apply to non-commercial or transactional messages, where for example, the primary purpose is to deliver goods or services that the recipient has previously ordered or purchased.

First Published:
August 7, 2007