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CAN-SPAM checklist: the five rules a small business newsletter has to follow

14 min readUpdated 24 October 2026

Five things, from the FTC guide: no deceptive subject line, a way to opt out that still works, your valid physical postal address, honour an opt-out within 10 business days, and keep that option alive for 30 days after the send. US law does not require permission before you mail a consumer.

What does CAN-SPAM require?#

The FTC compliance guide for business lists the obligations in the imperative, and they are about the message rather than the mailing list. The table below is those rules with the plain-English version of each next to them.

What the guide saysWhat it means for your newsletter
Do not use a deceptive subject lineThe subject has to match what the email delivers. A subject about a sale that opens into an essay is the one that gets read as a lie.
Identify the message as an adOnly where a reader could mistake a commercial message for something personal. A plainly labelled monthly update from a named shop does not need a banner.
Include a valid physical postal addressA real street address in the message. A post office box alone is not enough unless the FTC has accepted it for you.
Give a clear way to opt outOne link that works, in every commercial email, that does not ask them to log in or explain why they should stay.
Honour opt-outs within 10 business daysRemove them from the mailing list, and from any list you hand to another sender, and stop the scheduled sends.

Do I need permission before I email someone?#

Under US federal law, no, and that surprises most people. CAN-SPAM is an opt-out regime: it lets a business mail a consumer who never asked, provided the message carries the address, the label and the working unsubscribe link, and the opt-out is honoured.

The reason to mail only people who asked is not the FTC. It is the receiving mailbox, which scores you on complaints and on whether readers open anything. An unasked address is where both of those numbers come from.

The one the guide calls a valid physical postal address: somewhere a letter reaches you. Most small businesses use their shop or office street address. A home address works too, and plenty of sole traders would rather not print it, which is when a registered office or a virtual address you control becomes useful.

It belongs in the footer of every campaign rather than only on your website, because the recipient should not have to visit a page to find out who is mailing them.

The footer is where three of the five rules land, and it is the part people copy once and then never look at again, which is how an old address ships to a thousand inboxes.

What goes thereWhyWhat goes wrong
Your business name, the one you trade asA reader needs to recognise the sender without opening the message twiceThe legal entity nobody has ever seen on your signage
A valid physical postal addressThe FTC guide requires it inside the message, not on your websiteCopied from last year's brand, or left out because it feels unsafe to print a home address
One unsubscribe linkThe opt-out has to be clear and conspicuous and easy to doIt works for the main list but not for a segment, so the reader keeps getting one campaign
A way to reply to a humanNot required, and the cheapest thing that stops a complaintNobody is assigned to the mailbox, so a question turns into a report

A post office box alone does not satisfy the guide for an ordinary business. If printing your real address is the thing stopping you, a registered office or a virtual address you control does the job, and it is a small monthly cost rather than a legal risk.

Can I check my own send against these rules in five minutes?#

  1. Read your subject line and your first paragraph. Do they describe the same thing the email delivers?
  2. Scroll to the footer. Is your business name there, and a postal address where a letter reaches you today?
  3. Click the unsubscribe link from the test send rather than from the editor. Does it work without asking for a login?
  4. Send yourself one and search the message for the word advertisement or a note about what the mail is. It only matters when a reader could otherwise mistake a promotion for a personal message.
  5. Check the recipient list against your records. Every address on it should have a source you can say out loud.

Run that five-step check on one campaign and the rest inherit it, provided your footer is set in the sending tool rather than typed by hand each time. A footer you have to rewrite is a footer that will be wrong on one send.

What is the penalty for getting it wrong?#

The FTC guide states a civil penalty of up to $53,088 for each violating email, and that ceiling is adjusted for inflation, so check the figure on the FTC page rather than trusting a blog copy including this one. The practical exposure for a small sender is not one lawsuit. It is that each campaign you mail to an unasked list is a separate message, and the complaint rate arrives long before the lawyer.

Does CAN-SPAM cover every email I send?#

It divides commercial messages from transactional ones. A receipt, a booking confirmation or a password reset sits under the transactional rules and carries a lighter set of obligations, while anything that promotes a product or service is commercial and takes the full list.

The FTC guide warns that the label follows the primary purpose of the message, and that a transactional email with a promotion bolted on can be read as commercial. Before you rely on an exemption for a message to customers or members, read that page rather than a summary of it.

What if my readers are outside the US?#

Then CAN-SPAM is the smaller of your two rules. UK and EU guidance asks for a lawful basis, and where that basis is consent, GDPR Article 7 puts the burden of demonstrating it on you. Canada, Australia and several US states each add their own requirements on top.

The single habit that keeps all of them quiet is a list made only of people who asked, a record of when they asked, and a footer that gives them your address and one way out.

How do these rules compare with GDPR and Canada's CASL?#

They answer the same three questions in different orders, which is why one habit satisfies all of them. The table is the difference in what each regime asks for before you are allowed to send.

The questionCAN-SPAM, United StatesUK and EUCanada, CASL
May I mail someone who never asked?Yes, provided the message carries the address, the label and a working opt-outGenerally no for individuals. Companies and other corporate subscribers are treated more looselyNo, unless you hold express consent or a defined implied consent
What must be in the message?Postal address, clear opt-out, honest subject, ad label where neededSender identity, a way to opt out, and the address is standard practiceSender identity, contact details and an unsubscribe mechanism
How long is an unsubscribe link expected to work?The guide says honour it within 10 business days and keep the mechanism live for at least 30 days after the sendNo fixed window in the marketing rules; consent has to be as easy to withdraw as it was to giveThe mechanism must remain usable after the send and removal happens promptly
Who is the riskiest sender?Someone mailing a purchased listSomeone mailing without a record of consentSomeone mailing a list they bought at a trade show

The figures each regime charges for a breach change and are stated by the regulators themselves, so read the FTC guide and the ICO guidance rather than a summary of either, including this one.

How do I keep proof that somebody asked?#

Four fields, kept per address, cover nearly every dispute and cost nothing to store. This is the record an evidence duty wants, and it is also the record that tells you which part of your list is safe to mail after a change of brand.

The proof that matters is not a screenshot of your form. It is a row in a table with a timestamp and an address in it, because that is the thing you can still produce two years later when nobody remembers what the website looked like.

Does CAN-SPAM apply when I email other businesses?#

Yes. The rules are about whether a message promotes a commercial product or service, not about whether the reader is a consumer or a company, so a business-to-business offer carries the same obligations. The practical difference is in who complains: a stranger on a purchased list presses report spam, and a company that already buys from you writes and asks to be taken off.

Text messages are not quietly exempt either. The FTC treats a commercial mobile message as inside the same law, so a promotional SMS carries an identification and opt-out duty as an email does.

What breaks most often in a real small business send?#

Campaign Kicker puts your postal address and a one-click unsubscribe in every campaign footer, and will not send at all until the address is filled in your account. Unsubscribes remove the contact from future sends, and bounce and complaint reports come back to you per campaign.

Set your footer once

Common questions

Do I need an unsubscribe link in my newsletter?
Yes, if the message promotes anything your business sells or does. The FTC guide treats the opt-out mechanism as one of the core requirements for a commercial message, and the practical reason is that a reader with no way out has one remaining button, which is report spam.
How fast do I have to honour an unsubscribe?
The guide gives 10 business days, and asks you to keep the opt-out mechanism working for at least 30 days after the send. A sending tool that removes the person the moment they clicks takes you off that clock entirely.
Can I email people who never gave me their address?
US federal law does not require consent first, and the mailbox providers act as though it did. Purchased, scraped or borrowed addresses generate the complaints and the low engagement that damage the domain you mail from, which is a cost you pay on every later send.
Does a PO box count as the postal address?
The guide asks for a valid physical postal address and discusses PO boxes only where the FTC has accepted a registration for that sender. The safe choice for a small business is the street address where a letter reaches you.
Do these rules apply to a nonprofit newsletter?
They apply to messages that promote a commercial product or service. Fundraising and event messages can sit close to that line, and the FTC guide lists a handful of message types that may go without an unsubscribe link only when the primary purpose fits. Read the guide before relying on one.
What happens if a subscriber changes their mind and asks to come back?
Then they are a new subscriber and you can mail them again. Keep the record of both the join and the leave, because a dispute about whether somebody asked is settled by the timestamps rather than by memory.
Does CAN-SPAM apply to a text message campaign?
The FTC treats a commercial mobile message as inside the same law rather than a separate one, so it carries the identification and opt-out duties an email carries. Read the guide on the regulator's own page before you build a text campaign, since the consent expectations are stricter in practice.
Do I have to say the email is an advertisement?
Only where a reader could mistake a commercial message for something personal or non-commercial. A plainly labelled monthly note from a named shop does not need a banner, and a promotion dressed as a personal message does.
Is one unsubscribe page enough for the whole business?
It is enough if removing somebody from it removes them from every list you send to, including segments and anything fed by an integration. A single link that leaves the reader on one list and not the other is a broken opt-out, whatever the page looks like.
Does CAN-SPAM apply to a one-off email to a few customers?
The rules are about the message rather than the size of the send. A note that promotes something you sell carries the address and the way out whatever the recipient count, and a personal reply to somebody who wrote to you first is not a campaign. Where you are deciding between the two, the test is whether you would be embarrassed if the reader forwarded it.
Can the unsubscribe link sit inside the text instead of the footer?
It can sit anywhere a reader can find it without hunting, and the footer is where readers look because every other sender puts it there. A link buried in the paragraph about opening hours satisfies the letter of the rule and fails the point of it, which is that leaving has to be easier than complaining.
Does a confirmation email need an unsubscribe link?
A confirmation that carries no offer is the message that proves the join rather than a commercial one, so it does not need a way to opt out of marketing. Put the postal address in it anyway. The moment you add a promotion to that email, it becomes a marketing message with everything that brings along.
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