What CAN-SPAM actually covers
CAN-SPAM governs commercial email in the United States, including business-to-business. It does not require prior consent — which is why cold B2B email is legal — but it imposes firm requirements on how that email is sent, and penalties apply per individual email.
Accurate headers and sender identity
The from name, from address, reply-to, and routing information must identify the actual sender. Sending as a different company, or through obscured routing, is a direct violation regardless of the content.
Non-deceptive subject lines
The subject must reflect the content. "Re: our conversation" to someone you have never spoken to is deceptive. So is implying an approval, an existing account, or a pending application that does not exist.
Identify the message as an advertisement
The message must be identifiable as commercial. This can be handled naturally in the copy rather than with a legal banner, but it must be clear.
A valid physical postal address
Every commercial email needs a genuine physical address for the sender — a street address, a registered agent address, or a registered post office box. A missing address is one of the most common violations in this industry.
A clear, working opt-out
Recipients must be able to opt out easily, the mechanism must work for at least 30 days after sending, and requests must be honored within 10 business days. In practice, process them immediately and globally.
You are responsible for what a vendor sends for you
Hiring an agency does not transfer liability. If a third party sends on your behalf and violates the rules, you can still be held responsible. Ask any vendor how they handle suppression and opt-outs before signing.
State and international rules go further
Several states impose additional requirements, and Canada CASL and EU GDPR are materially stricter — consent-based rather than opt-out-based. If you send outside the US, get specific advice. None of this is legal advice; confirm your program with counsel.
Published 2026-07-08 · MCA Email Leads
