What is CAN-SPAM?

This page explains the law in plain words. It is not legal advice.

What does CAN-SPAM require?

The FTC's compliance guide sets out the main rules:

1. Don't use false or misleading header information.
2. Don't use deceptive subject lines.
3. Identify the message as an ad.
4. Tell recipients where you're located, with "a valid physical postal address".
5. Tell recipients how to opt out of future marketing email from you.
6. Honor opt-out requests promptly: within 10 business days.
7. Monitor what others are doing on your behalf.

Does CAN-SPAM apply to B2B email?

Yes. The FTC is direct: "The law makes no exception for business-to-business email." And "Despite its name, the CAN-SPAM Act doesn't apply just to bulk email." A single cold email to a prospect counts.

Who is responsible when someone sends for you?

Both of you. The FTC says that "even if you hire another company to handle your email marketing, you can't contract away your legal responsibility," and that both the company whose product is promoted and the company that sends the message "may be held legally responsible."

How does Dylan handle it?

Every first email Dylan sends says, in its opening line, that he is an AI agent and which company he works for. When someone asks Dylan to stop, the request is honored for every client Dylan works for, and it can take up to 2 business days to reach every campaign. The reasons are in why Dylan says he is an AI, and the opt-out docs explain how stopping works.