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A key consideration in the world of email marketing

The CAN-SPAM Act, an acronym for “Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003”.

It is a US federal law that defines the rules for commercial emails:

  • It sets requirements for commercial messages
  • It gives recipients the right to block the receipt of emails
  • And defines strict penalties for violations.

This legislation was enacted in response to growing concern about spam, i.e. unsolicited emails, especially those for commercial purposes.

Relevant historical data

The CAN-SPAM Act was signed into law by President George W. Bush on December 16, 2003.

This law was the result of growing frustration among consumers and companies due to the exponential increase in spam.

Spam is not only annoying, it also costs companies billions of dollars in lost productivity and filtering costs.

Prior to this law, some states had tried to solve this issue with their own legislation, but the need for a uniform approach at the national level became evident, given the global nature of the Internet.

Key considerations

The CAN-SPAM Act covers several important considerations that marketers must understand and apply when sending commercial emails.

First, the law requires that messages be clearly and transparently identified as advertisements.

In addition, senders must provide an easy way for recipients to opt out of receiving future emails.

Usually, this is done through an “unsubscribe” link that must work for at least 30 days after the campaign is sent.

In addition, it is imperative that senders include their valid postal address in their mailings

It is important to note that the law prohibits deceptive techniques such as the use of false subject lines and impersonation.

In the context of sending mass mailing campaigns, a common practice in email marketing campaigns, the CAN-SPAM Act insists that all messages must meet these requirements.

Regardless of the number of emails sent.

This means that email marketing strategies must be designed with a thorough understanding of these rules to avoid legal consequences.

Why it is important, advantages

The importance of the CAN-SPAM Act for marketers can’t be underestimated.

Firstly, following the guidelines laid down by the law not only helps to avoid costly fines of up to US$43,280 per violation.

But it also builds trust among customers.

By adhering to transparent and ethical email practices, companies can improve their reputation and create stronger, longer-lasting relationships with their audience.

In addition, compliance with the CAN-SPAM Act improves email delivery rates

Emails that follow the rules are less likely to be considered as spam, ensuring that messages actually reach recipients’ inboxes.

This is fundamental to the success of any email marketing campaign, as even the most engaging and innovative content will lose its potential if it is never seen.

Global impact of the CAN-SPAM Act

For international companies that use email as a marketing tool, understanding and complying with the CAN-SPAM Act becomes a practical necessity.

Regardless of their geographical location.

There are several reasons for this:

→ Access to US consumers:

In order to reach consumers in the United States, foreign companies must ensure that their email practices comply with the CAN-SPAM Act.

Failure to comply could result in restrictions or penalties that would limit your ability to communicate with one of the world’s most lucrative markets.

→ Compliance with email service providers:

The largest email service providers implement filtering systems and anti-spam policies that are largely aligned with the requirements of the CAN-SPAM Act.

This means that in order to maximize the delivery rate of their emails, companies around the world must adhere to these practices.

Ensuring that their emails are not flagged as spam or blocked by these providers.


In summary, the CAN-SPAM Act is a key piece of legislation that has shaped the email marketing landscape.

It provides a legal framework that protects consumers from unwanted spam.

And, at the same time, it provides companies with clear guidelines for communicating effectively and ethically with their audience.

For marketers, understanding and adhering to this law is not only a legal obligation, but an opportunity to stand out in a saturated market.

Promoting responsible marketing practices and create a loyal and engaged customer base.

For digital marketers, especially when it comes to sending mass mailing campaigns, it is essential to create campaigns that are not only creative and engaging, but also respect the limits established by the CAN-SPAM Act.