CAN-SPAM Act Compliance

Summary

This practice note will discuss what persons and entities are subject to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), 15 U.S.C. §§ 7701–7713(i.e., "initiators" and "senders"); what types of messages are considered "commercial" and thus subject to the Act; the various CAN-SPAM requirements for commercial email messages, including for sexually-oriented messages and messages sent to wireless devices; enforcement; preemption; and best practices for compliance. For a quick reference on CAN-SPAM compliance, see CAN-SPAM Act Compliance Checklist. For a related video, see Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) Video. For more CAN-SPAM information regarding electronic messages, see Consumer Protection Act Devt II.D.2.b.2.