The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) is a federal law enacted in 2003 that sets the rules for commercial email messages. It applies to any electronic message whose primary purpose is the commercial advertisement or promotion of a product or service — including email that promotes content on a commercial website.
Violations carry penalties of up to $51,744 per email, with no maximum cap. Both the company whose product is promoted and the company that sends the message can be held liable. Understanding and complying with CAN-SPAM is not optional — it is a legal requirement for any business sending commercial email in the United States.
This guide covers the core requirements of the CAN-SPAM Act, how DailyStory helps you stay compliant, and the specific steps your team should follow to avoid violations. For a broader overview of email marketing regulations including CAN-SPAM, CASL, and GDPR, see our blog post on email marketing compliance.
CAN-SPAM applies to all commercial electronic messages sent to recipients in the United States, regardless of where the sender is located. This includes:
A common misconception is that CAN-SPAM only applies to bulk email. It does not. Even a single commercial email to a single recipient must comply with the law.
WarningCAN-SPAM does not require prior consent to send commercial email. However, it does require that every message include a functioning unsubscribe mechanism and that opt-out requests are honored within 10 business days. Many states and international laws (such as GDPR and CASL) have stricter consent requirements that may also apply to your email program.
CAN-SPAM distinguishes between two types of email: commercial and transactional. The classification determines which rules apply.
An email is classified as commercial if its primary purpose is the commercial advertisement or promotion of a commercial product or service. All CAN-SPAM requirements apply to commercial email.
An email is classified as transactional if its primary purpose is to:
Transactional emails are exempt from most CAN-SPAM requirements. However, they must not contain false or misleading routing information (From name, reply-to address, originating domain).
Some emails contain both commercial and transactional content. In these cases, the FTC applies a "primary purpose" test. If the subject line would lead a recipient to believe the message is commercial, or if the transactional content does not appear at the beginning of the message body, the email is classified as commercial and all CAN-SPAM rules apply.
RecommendedWhen sending emails that contain both transactional and promotional content, place the transactional content first and ensure the subject line reflects the transactional purpose. When in doubt, treat the email as commercial and apply all CAN-SPAM requirements.
The FTC’s official compliance guide outlines seven core requirements that every commercial email must meet.
The "From," "To," "Reply-To," and routing information in your email — including the originating domain name and email address — must be accurate and identify the person or business that initiated the message.
In DailyStory, your sender information is configured through Manage Senders. Each sender profile includes a From name, From email address, and Reply-To address. Ensure these accurately represent your organization.
WarningUsing a deceptive sender name or spoofing a domain you do not own is a direct CAN-SPAM violation. DailyStory requires domain authentication (SPF, DKIM, DMARC) for all sending domains, which helps prevent unauthorized use of your domain and ensures accurate routing information. For more on how authentication affects inbox placement, see mastering email deliverability.
The subject line must accurately reflect the content of the message. A subject line that says "Your account has been updated" for a promotional email is misleading and violates CAN-SPAM.
This requirement is straightforward but frequently violated — especially with clickbait-style subject lines or subject lines that imply urgency unrelated to the email content.
CAN-SPAM requires that commercial email be identifiable as an advertisement. The law gives senders flexibility in how to do this — there is no specific language or placement required. However, the disclosure must be "clear and conspicuous."
Most businesses satisfy this requirement through a combination of branded templates, footer disclosures, and clear promotional context in the email body. If your email is obviously promotional in nature (e.g., a product launch announcement from your brand), the context itself may satisfy this requirement.
Every commercial email must include a valid physical postal address of the sender. This can be:
In DailyStory, your physical address is configured in your account defaults under the Brand Kit settings. This address is automatically included in the footer of every email sent through the platform using the {address} merge tag.
Review your Brand Kit settings in Settings > Brand Kit to confirm your physical address is current. If your company moves or changes its mailing address, update this immediately — every email sent with an outdated address is technically non-compliant.
Every commercial email must include a clear and conspicuous explanation of how the recipient can opt out of receiving future commercial email from you. The opt-out mechanism must meet two criteria:
DailyStory automatically includes an unsubscribe link in the footer of every commercial email. The unsubscribe page is configured in your account defaults and can be customized to match your brand. When a recipient clicks unsubscribe, DailyStory immediately processes the opt-out and suppresses future commercial sends to that contact.
You can also use the {unsubscribe} merge tag to place the unsubscribe link anywhere in your email template if you prefer a different placement than the default footer.
Once a recipient requests to opt out, you must stop sending them commercial email within 10 business days. You cannot:
DailyStory processes unsubscribe requests immediately upon receipt. Once a contact unsubscribes, they are automatically excluded from future commercial email sends. The platform's email sending guardrails enforce this suppression across all campaigns and automations.
RecommendedDailyStory handles opt-out processing automatically and in real time — well within the 10-day window required by CAN-SPAM. However, if you also send email through other platforms or manual systems, you must ensure those systems also honor the opt-out. CAN-SPAM compliance applies to your entire email program, not just individual platforms.
If you hire another company to handle your email marketing, you cannot contract away your legal responsibility. Both the company whose product is promoted and the company that physically sends the message can be held legally responsible for CAN-SPAM violations.
This applies to agencies, contractors, affiliate marketers, and any third party sending email on your behalf. You are responsible for ensuring that anyone sending commercial email promoting your products or services complies with CAN-SPAM.
DailyStory includes several built-in features that help enforce CAN-SPAM compliance across your email program.
Every email sent through DailyStory includes a functioning unsubscribe mechanism. When a recipient opts out, the contact record is immediately updated and all future commercial sends are suppressed. This is handled at the platform level and cannot be overridden by individual campaign settings.
DailyStory requires a valid physical address in your account defaults. This address is automatically inserted into email footers using the {address} merge tag. If no address is configured, the merge tag will render empty — so it is critical to verify this setting before launching any campaign.
DailyStory requires proper domain authentication (SPF, DKIM, and DMARC) for all sending domains configured through Manage Senders. This authentication ensures that your From address accurately represents your organization and that your emails are not flagged as spoofed or fraudulent by receiving mail servers.
DailyStory's email sending guardrails provide an additional layer of compliance protection. These guardrails include suppression of unsubscribed contacts, bounce management, complaint handling, and frequency controls that prevent individual contacts from receiving an excessive volume of commercial email.
DailyStory maintains suppression lists for contacts who have unsubscribed, bounced, or filed spam complaints. These suppression lists are enforced across all campaigns and automations — ensuring that a contact who opts out of one campaign is automatically excluded from all future commercial sends. For guidance on keeping your lists clean and reducing compliance risk, see our guide to email list cleaning.
Even well-intentioned email programs can inadvertently violate CAN-SPAM. The FTC has published guidance reinforcing that businesses cannot "unsubscribe" from their own compliance obligations, and recent enforcement actions show the agency is actively pursuing violations. These are the most common mistakes:
While CAN-SPAM does not require opt-in consent, pre-checked boxes that subscribe users to email lists are a gray area. They do not violate CAN-SPAM directly, but they generate high complaint rates, damage sender reputation, and may violate state-level privacy laws. Best practice is to use explicit opt-in.
If a recipient replies to your email asking to be removed, that constitutes an opt-out request under CAN-SPAM — even if it was not submitted through your formal unsubscribe mechanism. Monitor your reply-to addresses and process these requests manually if needed.
Sending commercial email to purchased or rented lists is not explicitly prohibited by CAN-SPAM, but it is extremely high-risk. These lists often contain outdated addresses, spam traps, and recipients who have never consented to hearing from you. The resulting spam complaints and bounces can damage your sending reputation and trigger enforcement action.
ImportantPurchased email lists are one of the fastest ways to destroy your sender reputation and trigger CAN-SPAM enforcement. DailyStory's sending guardrails will flag unusual bounce and complaint rates that often result from list purchases. If your team is considering buying a list, the risks almost always outweigh the benefits.
Companies that move offices or change mailing addresses frequently forget to update their email footer. Every email sent with an invalid physical address is a CAN-SPAM violation — and at $51,744 per email, this oversight can become extremely expensive for high-volume senders.
While CAN-SPAM does not explicitly prohibit no-reply addresses, using one can create compliance issues. If recipients cannot reply to opt out and the unsubscribe link is broken or missing, you have no functional opt-out mechanism — which is a direct violation. Use a monitored reply-to address whenever possible.
If an affiliate or partner sends commercial email promoting your product, you share legal responsibility for that email's CAN-SPAM compliance. Ensure that any agreements with affiliates or partners include explicit CAN-SPAM compliance requirements and that you have visibility into the emails being sent on your behalf.
CAN-SPAM applies to commercial email sent to U.S. recipients. However, if your email program reaches international recipients, you may also need to comply with:
If you send email internationally, your compliance program must account for the strictest applicable law. In practice, this means building your email program around explicit opt-in consent, even though CAN-SPAM itself does not require it. Our blog post on email data privacy best practices covers how to build subscriber trust through transparent consent and data handling.
RecommendedBuilding your email program around explicit opt-in consent — rather than the minimum CAN-SPAM requirement — ensures compliance across jurisdictions and results in a healthier, more engaged subscriber list. DailyStory supports double opt-in workflows and consent tracking to help you meet these higher standards.
CAN-SPAM is enforced by the Federal Trade Commission (FTC), along with state attorneys general and internet service providers (ISPs) who can bring civil actions. The CAN-SPAM Rule (16 CFR Part 316) provides the detailed regulatory framework. Key enforcement details:
Recent enforcement actions include the FTC's $2.95 million settlement with Verkada in 2024 — one of the largest CAN-SPAM penalties on record — for sending commercial emails without an unsubscribe mechanism and using deceptive sender information. The FTC has also indicated that it is using AI-powered analysis to identify CAN-SPAM violations at scale, making enforcement more systematic and comprehensive than in prior years.
Use this checklist to verify your email program meets all CAN-SPAM requirements:
CAN-SPAM compliance is a baseline requirement — not a competitive advantage. Every commercial email your organization sends must meet these requirements, regardless of volume, audience, or industry.
To ensure your DailyStory account is properly configured for compliance:
If you have questions about CAN-SPAM compliance or how DailyStory's features support your compliance program, contact our support team.