Many senders run through a short routine before they press send on a newsletter or promotion. The routine below is called the Eight-Latch Send Check: eight things to fasten before a message leaves. It builds on the CAN-SPAM overview and the rules and numbers page.
The Eight-Latch Send Check
- Sender latch. Make the From, To and Reply-To details true, and name the actual sender.
- Subject latch. Match the subject line to what the email delivers.
- Ad latch. Label a commercial message as an ad, unless the recipient gave prior affirmative consent.
- Address latch. Include a valid postal address: a street address, a USPS-registered PO box or a registered private mailbox.
- Opt-out latch. Explain clearly how to opt out, and keep the reply address or web page working at least 30 days after sending.
- Speed latch. Stop sending within 10 business days of a request. Charge no fee, ask for nothing beyond the email address and preferences, and never sell the address.
- Member latch. Remember that customers, subscribers and members can opt out of marketing email too.
- Vendor latch. Watch what agencies, affiliates and email vendors send for you, since the responsibility stays with the business.
Common mistakes
- Using From or Reply-To lines that do not identify the true sender.
- Writing subject lines that promise something the email does not deliver.
- Leaving out the postal address, or using one that is not a street address, a registered PO box or a registered private mailbox.
- Making people pay, give extra information or take extra steps to unsubscribe.
- Taking longer than 10 business days, or selling or sharing an opted-out address.
- Assuming an email vendor, affiliate or lead generator carries all the risk.
- Writing mixed emails where the promotion drives the subject line.
- Believing existing customers or members cannot opt out of marketing email.
When to talk to an attorney
A CPA cannot answer these legal questions. People commonly bring in an attorney when:
- The FTC, a state attorney general or an internet provider sends an inquiry, demand or lawsuit.
- A business bought, scraped or generated an email list, which raises aggravated-violation and criminal questions.
- An affiliate or agency sends campaigns, and contract indemnities or oversight need drafting.
- A campaign targets recipients in Canada, the EU or other countries with different consent rules.
Frequently asked questions
Does CAN-SPAM require permission before I send marketing email?
No. It is an opt-out law, so it does not require prior consent. Prior consent only excuses the ad label; the opt-out notice and postal address still apply. Other countries, such as Canada and EU members, can have different consent rules, and CAN-SPAM is not the only law that may apply.
Does CAN-SPAM apply to business-to-business email?
Yes. The definition of commercial email has no consumer-only limit, so a message promoting a product or service to another business is covered.
How long do I have to honor an unsubscribe request?
No more than 10 business days after receiving it. The 30-day figure is different: it is how long the opt-out method must keep working after the message is sent. It is not the deadline for stopping.
Can I use a PO box as my postal address?
Only a PO box registered with the U.S. Postal Service. The statute asks for a valid physical postal address, and the FTC's CAN-SPAM Rule defines that as a current street address, a PO box registered with the U.S. Postal Service or a private mailbox registered with a commercial mail receiving agency.
A CPA can help with the payroll, tax and accounting side of these rules, such as how penalties are treated on a return, and works alongside the owner's attorney. See also the FTC Act and self-employed and freelancers.
Official sources
- FTC: CAN-SPAM Act, A Compliance Guide for Business
- Cornell Law School LII: 15 U.S.C. 7704, commercial email requirements
- eCFR: 16 CFR Part 316, CAN-SPAM Rule, including 316.2, 316.3 and 316.5
This page is a plain-language summary. The official source controls if there is any difference.