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CAN-SPAM Act Compliance

The CAN-SPAM Act is a law that sets guidelines for commercial email communication, providing recipients with the right to opt-out of receiving further emails and establishing penalties for non-compliance. While the law’s name refers to “spam,” it applies to all commercial messages, including those promoting commercial products or services and content on commercial websites. As a business based in India, it’s important to adhere to the requirements of the CAN-SPAM Act. Here’s an overview of the key requirements:

1. Accurate Header Information: Ensure that the “From,” “To,” “Reply-To,” and routing information accurately identify the sender of the message, including the originating domain name and email address.

2. Non-Deceptive Subject Lines: The subject line should accurately reflect the content of the email and should not be misleading or deceptive.

3. Clearly Identify the Message as an Advertisement: Disclose clearly and conspicuously that the email is an advertisement, providing transparency to recipients.

4. Include a Valid Physical Postal Address: Every email should include a valid physical postal address, which can be your current street address, a registered post office box, or a registered private mailbox with a commercial mail receiving agency as per Postal Service regulations.

5. Provide Opt-Out Mechanism: Include a clear and conspicuous explanation of how recipients can opt-out of receiving future emails from you. The opt-out notice should be easy to recognize, read, and understand. Offer a return email address or another Internet-based method for recipients to communicate their choice to opt-out. Ensure that spam filters do not block opt-out requests.

6. Honor Opt-Out Requests Promptly: Any opt-out mechanism provided must be able to process opt-out requests for at least 30 days after sending the email. Honor opt-out requests within 10 business days and do not charge a fee or require personally identifying information beyond an email address. Selling or transferring email addresses of individuals who have opted out is prohibited, except to a company assisting with CAN-SPAM Act compliance.

7. Monitor Third-Party Actions: If you engage another company for email marketing, remember that you are still legally responsible for compliance with the CAN-SPAM Act. Both the company promoting the product/service and the company sending the message may be held accountable.

For more detailed information and guidance on CAN-SPAM Act compliance for businesses, you can visit Please note that this information is not legal advice, and it is recommended to consult with legal professionals to ensure compliance with applicable regulations in your jurisdiction.