Digital marketer or Salesforce Marketing Cloud (SFMC) user, it’s essential to understand email compliance laws. One of the most important is the CAN-SPAM Act, a U.S. law that sets rules for commercial email communications and protects consumers from spam.
This guide is designed for beginners, students, and professionals working with email campaigns in SFMC or other platforms. You’ll learn what CAN-SPAM is, why it matters, and how to ensure your emails are compliant.
What is the CAN-SPAM Act?
CAN-SPAM stands for Controlling the Assault of Non-Solicited Pornography and Marketing. Enacted in 2003 by the U.S. government, it regulates how businesses send commercial emails, ensuring transparency, consent, and the ability to opt out.
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CAN-SPAM Rules for Commercial vs Transactional Emails
Under the CAN-SPAM Act, different rules apply depending on whether your message is commercial (marketing-focused) or transactional (service-based). Understanding this difference is critical to staying compliant.
| Criteria | Commercial Email | Transactional Email |
|---|---|---|
| Purpose | Promote a product, service, event, or brand | Provide information related to a transaction or account |
| Examples | Discount offers, newsletters, promotional campaigns | Order confirmations, shipping notifications, password resets |
| CAN-SPAM Rules Apply? | Yes (fully regulated) | Partially (limited rules) |
| Unsubscribe Link Required? | Yes | No (unless mixed with promotions) |
| Identifying as an Ad | Required | Not Required |
| Physical Address Required? | Yes | Yes |
Every Key Rule Under CAN-SPAM Explained with Examples
- 1. Don’t use false or misleading headers
Example: Pretending to be “Apple Support” when you’re not. - 2. Don’t use deceptive subject lines
Example: “Your invoice is ready” but it’s actually a promotion. - 3. Identify the message as an advertisement
Example: Offering a “Free Trial” but hiding paid subscription details. - 4. Include your valid physical address
Example: No business address in the footer. - 5. Tell recipients how to opt out
Example: Missing unsubscribe link. - 6. Honor opt-out requests within 10 business days
Example: Users still receive emails weeks after unsubscribing. - 7. Monitor third-party vendors
Example: Agency sends non-compliant emails on your behalf.
CAN-SPAM Violations and Penalties
Violating CAN-SPAM can result in serious penalties. The Federal Trade Commission (FTC) can impose fines of up to $51,744 per email that violates the law.
| Violation | Penalty |
|---|---|
| False email headers | Up to $51,744 per email |
| Failure to include unsubscribe mechanism | Legal action, blacklisting |
| Delayed opt-out processing | Fines and compliance audits |
CAN-SPAM Compliance in Salesforce Marketing Cloud
- Send Classifications: Define transactional vs. commercial emails
- Subscription Centers: Let users manage preferences
- Unsubscribe Management: Automatic unsubscribe links
- CAN-SPAM Footer: Pre-built compliant footer
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Best Practices to Stay Compliant
- Always include an unsubscribe link
- Use a valid sender address and company name
- Test your emails for compliance before sending
- Avoid clickbait or misleading subject lines
- Use double opt-in where possible
Frequently Asked Questions (FAQ)
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