Maqetin adds your postal address and an unsubscribe link, and CAN-SPAM asks for both.

CAN-SPAM is a United States law for commercial email, and it makes no exception for business-to-business email. This guide lists what it asks and who handles each part.

This guide is information, not legal advice.
Ask a lawyer how the rule applies to your business.

What the law asks

RequirementWhat the law saysWho handles it
Accurate header informationHeader information that is materially false or materially misleading is unlawful. A from line that accurately identifies the person who sent the message is not misleading.You and Maqetin. Maqetin sends from your verified sending domain; you keep the from address accurate.
No deceptive subject lineA subject heading that would likely mislead a recipient about a material fact is unlawful when the sender knows or should know it.You.
Identify the email as an adClear and conspicuous identification as an advertisement or solicitation, unless the recipient gave prior affirmative consent.You. The wording is yours.
A valid postal addressA valid physical postal address of the sender.Maqetin. Every email carries your workspace's postal address in its footer, and an email without one is refused.
A way to opt outA functioning return address or other internet-based way, clearly and conspicuously displayed, that can still receive requests for no less than 30 days after the message.Maqetin. Every marketing email has an unsubscribe link in its footer and the one-click unsubscribe headers.
Honour opt-outsSending a message that falls within an opt-out request more than 10 business days after the request is unlawful.Maqetin. An unsubscribe adds the address to the suppression list and turns the marketing-email setting off when it is recorded.
Monitor what others do for youYou cannot contract away your legal responsibility to comply with the law.Both of you. Using Maqetin leaves your responsibility where it is.

Opting out must be easy

The FTC says an opt-out cannot need a fee, personal information beyond an email address, or any step beyond a reply email or a visit to a single web page.

A menu of choices is allowed if it includes an option to stop all commercial email from that sender.

Commercial and transactional email

A commercial message is one whose primary purpose is the commercial advertisement or promotion of a commercial product or service.

A transactional or relationship message is not a commercial message. Its primary purpose is one of these:

  • to facilitate, complete or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender
  • to give warranty, recall, safety or security information about a commercial product or service the recipient used or purchased
  • to notify a change in the terms or features of, or in the recipient's standing with respect to, a subscription, membership, account, loan or comparable ongoing commercial relationship, or to give account balances or other statements at regular periodic intervals
  • to give information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating or enrolled
  • to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction the recipient has previously agreed to enter into with the sender

The FTC may change this list by regulation.

The rule on accurate header information applies to a transactional message too.

Maqetin sends a message from the send API as transactional: it carries your postal address and no unsubscribe link. Under the law a message is transactional by its primary purpose, whatever way it is sent.

A journey email goes out as marketing and carries the unsubscribe link.

Penalties

Each separate email in violation is subject to civil penalties. The maximum is adjusted for inflation, so check the FTC guide for the current figure.

CAN-SPAM is not the only rule for email. See the PECR soft opt-in guide for the UK.

Sources

More guides

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