E-mail Marketing: CAN-SPAM Act Compliance
Practical Law The Journal
April 2011

Online communication has become widely accepted by consumers as it pertains to the marketing of goods and services. This notion proves to be beneficial to marketers, offering them lower costs, almost immediate delivery of their products and services and a greater interactive experience when advertising to consumers. However, the use of e-mail marketing can also present drawbacks to the marketer, which include difficulty standing out and minimizing the perception of their e-mails as spam. In 2003, Congress passed the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) to regulate unsolicited commercial e-mail.

This article examines the scope of the CAN-SPAM Act, its requirements, enforcement policies and common practices of compliance. It also outlines common marketing practices that marketers often use when advertising their products and services via e-mail. The authors discuss in detail exactly how the CAN-SPAM Act monitors and regulates the transmission of all commercial e-mail messages, including those sent on wireless devices.