United States. ePrivacy / marketing. Act

CAN-SPAMControlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (15 U.S.C. §§ 7701–7713)

In force

Partly verified

Medium confidence. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.

§1Summary

Synopsis

Sets rules for commercial email, including honest headers and subject lines, identification as an advertisement, a physical address and a working opt-out honoured within 10 business days. It does not require prior consent.

Key themes

commercial email
opt-out
header accuracy
physical address
preemption of state anti-spam laws

Unique features

Opt-out regime, in contrast to the EU/UK opt-in for marketing email; largely preempts state spam laws.

SaaS relevance

Applies to SaaS marketing email and to email-sending platforms that 'initiate' or 'procure' messages for customers.

§2Obligations

Extraterritorial: Yes
Breach notification: None
DPO: No
Cross-border transfers: None
Maximum penalty: Up to $53,088 per violating email

§3Dates

Key dates

Adopted 16 December 2003
In force 1 January 2004
FTC CAN-SPAM Rule 16 C.F.R. Part 316.

§4Text and authority

Text

Authoritative text uscode.house.gov

Authority

Federal Trade Commission (FTC)

§6Sources and verification

Sources consulted

ftc.gov

Verification

Medium confidence.