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CAN-SPAM Rules, Penalties and Email Checklist

CAN-SPAM Act requirements, 10-business-day opt-out limit, penalties and a six-step email checklist for foreign-owned and cross-border businesses in 2026.

Last reviewed October 27, 2026 · 3 min read · 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.

This page follows the overview with the CAN-SPAM Act requirements, penalties and checklist. Misleading claims raise FTC Act issues; client data falls under GLBA and HIPAA.

What are the CAN-SPAM Act requirements?

DutyIn plain wordsSource
Accurate headersShow who really sent it15 U.S.C. 7704(a)(1)
Truthful subject lineNo misleading a reasonable reader on a material fact7704(a)(2)
Ad labelSay it is an ad, unless the recipient has given prior affirmative consent7704(a)(5)
Postal addressA current street address, a USPS-registered post office box, or a private mailbox the sender registered with a commercial mail receiving agency16 CFR 316.2(p)
Opt-out methodClear notice; working reply address or web page, valid 30 days after sending7704(a)(3)
Fast handlingStop within 10 business days; no fee, extra information or extra steps; no selling the address16 CFR 316.5; 7704(a)(4)
OversightResponsibility stays with whoever initiates or procures the email7702; FTC guide

Key amounts and dates

ItemFigureYear in force
FTC civil penaltyAt most $53,088 per separate email, for knowing violationsAssessed after January 17, 2025, unchanged for 2026
Top per-email amount by enforcer U.S. dollars; courts can triple the state and provider amounts for aggravated violations; FTC figure is the 2025 amount in force for 2026
Civil penalty, FTC$53,088
State attorneys general$250
Header violation, internet provider$100

Source: FTC, 15 U.S.C. 7706

What has changed, and what is pending?

As of October 29, 2026 we found no statute change and no rule amendment since the FTC kept the rule unchanged on April 4, 2019. The FTC amount rose from $50,120 (2023) to $51,744 (2024) to $53,088 (2025), with no 2026 adjustment.

The Maple-and-Marigold Send Pass: a named checklist

The Maple-and-Marigold Send Pass, named for the Canada-India-U.S. corridor, runs before each campaign.

  1. Sort the message as commercial, transactional or mixed. If the promotion drives the subject line or opens the body, treat it as commercial.
  2. Check the header for a real sender name and a working reply address.
  3. Read the subject line against the body.
  4. Add the ad label, a postal address of an accepted type and a clear opt-out.
  5. Apply opt-outs within 10 business days across every tool and vendor, asking only for an email address.
  6. Name who monitors vendors and agencies that send for you; keep contracts and send logs.

What mistakes recur?

  • Reply-To or From lines that do not name the true sender.
  • Missing the postal address, or using a type the rule does not list.
  • Opt-outs that need a fee, extra information or extra steps.
  • Assuming a vendor or list broker carries all the risk.

When should you bring in an attorney?

  • An internet provider, a state attorney general or the FTC sends an inquiry, demand or lawsuit.
  • The list was bought, scraped or generated.
  • Recipients in other countries may be covered by different consent rules.

How can we help?

We handle the U.S. tax, bookkeeping and registration side of foreign-owned businesses and work with your attorney, Canadian CPA or Indian CA. See bookkeeping and accounting and business formation and registrations.

Frequently asked questions

What is the deadline for honoring an unsubscribe request?

Within 10 business days of receiving it. The 30 days is the period the opt-out method must stay working.

Can a consumer sue under the CAN-SPAM Act?

The statute does not name individual consumers among those who can sue. It names agencies, state officials and internet providers.

Which postal addresses are accepted?

Those in the rule's definition: a current street address, a USPS-registered post office box, or a registered private mailbox.

Is transactional email exempt?

It is not "commercial", but its headers may not be materially false or misleading.

Official sources

This page summarizes public guidance in plain language. If anything here differs from the official source, the official source controls.