Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day.

Since its enactment, the CAN-SPAM Act has attempted to curb the number of unwanted emails and impose some rules on a largely unregulated frontier. When followed, CAN-SPAM’s restrictions give email recipients some control over their inboxes and also maintain fairness in how the emails present themselves. Failure to follow the CAN-SPAM Act can lead to penalties of up to $16,000 per email, and more than one person may be held responsible for violations..

As a practical matter, many companies use vendors for their email marketing and other email services, and those vendors can assist in implementation of these requirements. Nonetheless, the party whose content is promoted via email must supervise the conduct of its vendors and employees in abiding by CAN-SPAM, or else the company will risk significant sanctions for each email sent in violation of the Act.

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The basic requirements of CAN-SPAM:

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Notably, Religious and political emails are not covered by CAN-SPAM