Federal laws

CAN-SPAM Act Checklist and FAQs for Email Senders

Use an 8-step CAN-SPAM checklist before sending business email, then see common mistakes, when to call an attorney and answers to opt-out questions.

Last reviewed October 29, 2026 · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

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

  1. Sender latch. Make the From, To and Reply-To details true, and name the actual sender.
  2. Subject latch. Match the subject line to what the email delivers.
  3. Ad latch. Label a commercial message as an ad, unless the recipient gave prior affirmative consent.
  4. Address latch. Include a valid postal address: a street address, a USPS-registered PO box or a registered private mailbox.
  5. Opt-out latch. Explain clearly how to opt out, and keep the reply address or web page working at least 30 days after sending.
  6. 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.
  7. Member latch. Remember that customers, subscribers and members can opt out of marketing email too.
  8. 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

This page is a plain-language summary. The official source controls if there is any difference.