CAN-SPAM Policy
01 What is CAN-SPAM?
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) is a US federal law enacted in 2003 that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to stop receiving emails, and spells out penalties for violations.
Unlike CASL, CAN-SPAM does not require prior consent before sending commercial email — instead, it is an opt-out law, meaning you may send commercial messages but must honor opt-out requests promptly.
02 Who Must Comply?
CAN-SPAM applies to any person or business that sends commercial email messages — defined as any electronic mail message whose primary purpose is the commercial advertisement or promotion of a product or service. This includes:
- Promotional campaigns, newsletters, and sales announcements
- Transactional emails that also contain promotional content
- Messages sent on behalf of another company (the sender and the company may both be liable)
CAN-SPAM applies to any business sending emails to US recipients, regardless of where that business is located.
03 The 7 Key Requirements
Every commercial email message must comply with these seven requirements:
04 Opt-Out & Unsubscribe
CAN-SPAM's opt-out requirements are strict. Once a recipient opts out, you must:
- Process their opt-out request within 10 business days
- Permanently honor the opt-out — you cannot send them commercial messages again without new consent
- Not sell or transfer their email address to another party after they opt out (with limited exceptions)
- Not require the recipient to provide any information other than their email address to unsubscribe
- Not charge any fee for the opt-out process
BouncePro processes all unsubscribe requests immediately upon receipt and maintains a suppression list that is enforced across all future campaigns.
05 CAN-SPAM vs. CASL
If you send to both US and Canadian recipients, you must comply with both laws simultaneously. The key differences:
- Consent: CAN-SPAM is opt-out (no prior consent needed); CASL requires opt-in consent before sending
- Opt-Out Deadline: CAN-SPAM requires 10 business days; CASL requires 10 business days
- Penalties: CAN-SPAM up to $51,744 per email; CASL up to $10M per violation
- Scope: CAN-SPAM applies to all commercial email; CASL applies to all commercial electronic messages
06 How BouncePro Helps
BouncePro automatically enforces the following CAN-SPAM requirements in every campaign:
- Sender Identity: Your verified business name is displayed in the From field
- Physical Address: Your business address from account settings is inserted in every email footer
- Unsubscribe Link: A one-click unsubscribe link is included in every message automatically
- Suppression List: Unsubscribed addresses are blocked from all future sends, permanently
- Bounce Management: Hard bounces are automatically suppressed to protect your sender reputation
- Complaint Handling: Spam complaints are processed through feedback loops and addresses suppressed
07 Your Responsibilities
As a BouncePro user, you are responsible for the following aspects of CAN-SPAM compliance:
- Ensuring your "From" name and email address accurately represent your business
- Writing subject lines that truthfully reflect the content of your emails
- Keeping your physical address in your account settings current and accurate
- Not uploading suppressed or opted-out addresses back into your lists
- Not sending to purchased or harvested email lists
- Ensuring any third parties who send on your behalf also comply with CAN-SPAM
08 Penalties
Violations of the CAN-SPAM Act can result in significant penalties:
- Up to $51,744 per individual email that violates the law
- Criminal penalties including imprisonment for aggravated violations
- The FTC, state attorneys general, and internet service providers can bring enforcement actions
- Individual recipients do not have a private right of action under CAN-SPAM (unlike CASL)
09 Contact & Support
Questions about CAN-SPAM compliance on our platform? We're here to help:
