Can Spam Compliance for Commercial Email: A Comprehensive Guide for Businesses and Marketers

38 questions on can spam compliance for commercial email, answered and cited by the UpLaw editorial team.

• Am I liable when a recipient forwards my marketing email to a friend?
• Am I responsible for emails my affiliates send promoting my products?
• Are there criminal penalties for sending spam?
• Can a business sell or transfer the email addresses of people who unsubscribed?
• Can an individual recipient sue a business for a non-compliant email?
• Can an internet service provider sue over spam?
• Can an order confirmation become a regulated commercial email?
• Can I require someone to log in or use a preference center to unsubscribe?
• Can I shift CAN-SPAM liability to my email marketing vendor?
• Do different rules apply to commercial email sent to mobile devices?
• Does CAN-SPAM apply to a single one-to-one sales email, or only to bulk campaigns?
• Does CAN-SPAM apply to text messages?
• Does CAN-SPAM preempt state email laws?
• Does the CAN-SPAM Act actually ban spam?
• Do I have to label a marketing email as an advertisement?
• Do I need to comply with foreign law if I email customers abroad?
• How did AMG Capital Management change the FTC's remedies in email cases?
• How has the definition of an autodialer under the TCPA changed?
• How much can a CAN-SPAM violation cost?
• How quickly must a business honor an unsubscribe request, and does it ever expire?
• How should a company structure an email program that satisfies U.S. and foreign rules at once?
• Is CAN-SPAM compliance enough to make a marketing email lawful?
• Is opt-in consent worth collecting even though CAN-SPAM does not require it?
• What are “aggravated violations” under CAN-SPAM?
• What are the requirements for a compliant commercial email?
• What are the requirements for an unsubscribe mechanism?
• What are the rules for the “From” line of a commercial email?
• What are the special rules for email containing sexually oriented material?
• What can a state attorney general recover for CAN-SPAM violations?
• What counts as a commercial email under CAN-SPAM?
• What does a compliant email program look like operationally?
• What is the CAN-SPAM primary-purpose test?
• What makes an email subject line deceptive under CAN-SPAM?
• What physical address must a commercial email include?
• What qualifies as a transactional or relationship email?
• When one email promotes several companies, who is the sender?
• Who enforces the CAN-SPAM Act?
• Who is an “initiator” under CAN-SPAM?