15 U.S.C. §§ 7701-7713

Controlling the Assault of Non-Solicited Pornography And Marketing Act

Statute — United States Federal
Effective: January 1, 2004 100 platforms tracked 1155 provisions indexed Enforced by: Federal Trade Commission (FTC), State Attorneys General, Internet Service Providers (private right of action) Last reviewed Apr 22, 2026

Overview

The CAN-SPAM Act establishes the rules for commercial email communications in the United States. Despite its name suggesting anti-spam legislation, the law primarily regulates commercial messaging rather than banning unsolicited email outright.

The Act requires that commercial emails must not use deceptive subject lines, must identify the message as an advertisement, must include the sender's valid physical postal address, must tell recipients how to opt out of future messages, and must honor opt-out requests within 10 business days. The law prohibits selling or transferring email addresses of individuals who have opted out.

For platform governance, CAN-SPAM is relevant because platform terms of service frequently reference email communication practices, marketing consent, and user notification preferences. Many platforms' privacy policies disclose email data sharing and marketing practices that must comply with CAN-SPAM requirements.

Penalties

Up to $50,120 per violation (each separate email is a potential violation). Criminal penalties for aggravated violations: up to 5 years imprisonment. No private right of action for individual consumers.

Key Articles & Sections

Platforms We Track Subject to CAN-SPAM

Recent Changes Related to CAN-SPAM

Official Source

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