CAN-SPAM, the US federal law governing commercial email, imposes several requirements, but enforcement in practice tends to focus most heavily on a specific subset worth prioritising for practical compliance.
CAN-SPAM does not require opt-in consent the way GDPR does, but it does require honesty about who is sending an email and a working way to stop receiving it — those two specific requirements are where enforcement attention concentrates.
Unlike GDPR, CAN-SPAM permits opt-out consent (sending until someone unsubscribes) rather than requiring opt-in consent upfront, making the compliance obligations genuinely different depending on your audience's location, per our GDPR compliance guide.
No, CAN-SPAM permits sending commercial email without prior opt-in, provided a working opt-out mechanism exists and is honoured promptly.
CAN-SPAM specifies a required timeframe for honouring opt-out requests — checking current specific requirements directly is worthwhile given how compliance deadlines can be enforced strictly.
Generally yes, CAN-SPAM's requirements apply broadly to commercial email regardless of B2B or B2C context, with some specific exceptions worth verifying for your situation.
If you want help ensuring your email marketing meets CAN-SPAM compliance requirements, talk to our team.
Ensure accurate sender information, a clear unsubscribe mechanism, and prompt honouring of opt-out requests are all in place — these three specific requirements are the ones most commonly enforced under CAN-SPAM, making them the priority for practical compliance.
Written by Fibvo — Bengaluru and Erode, India — working with clients in other time zones. Questions, or think we have it wrong? Tell us.
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