CAN-SPAM: Content Requirements
Content Requirements [15 U.S.C. § 7704(a)(5)]
Rule: Commercial emails must include specific content elements: non-deceptive subject line, physical postal address, and identification as an advertisement.
Required Content Elements
| Requirement | Citation | Details |
|---|---|---|
| Non-deceptive subject line | § 7704(a)(2) | Must not mislead about contents or subject matter |
| Physical postal address | § 7704(a)(5)(A)(iii) | Valid postal address of sender |
| Ad identification | § 7704(a)(5)(A)(i) | Clear notice that message is advertisement |
| Opt-out notice | § 7704(a)(5)(A)(ii) | Clear notice of right to opt out |
Subject Line Requirements [§ 7704(a)(2)]
Prohibited: Subject lines that are likely to mislead a recipient about:
- The contents of the message
- The subject matter of the message
Examples of violations:
- “Re: Your order” when there was no prior order
- “Important account update” for marketing
- Fake personalization (“Your friend sent you…”)
Physical Postal Address [§ 7704(a)(5)(A)(iii)]
Must be a valid physical postal address where the sender can receive mail:
- Street address
- PO Box registered with USPS
- Private mailbox (PMB) registered with commercial mail receiving agency
Cannot be:
- Fake address
- Address that doesn’t accept mail
- Only an email address or URL
Advertisement Identification [§ 7704(a)(5)(A)(i)]
Must include clear and conspicuous notice that the message is an advertisement or solicitation.
FTC interpretation:
- No specific wording required
- Can appear anywhere in message
- Must be readable by average recipient
- Common approaches: “Advertisement” label, “This is a promotional email”
Source Text
(5) Inclusion of identifier, opt-out, and physical address in commercial electronic mail
(A) It is unlawful for any person to initiate the transmission of any commercial electronic mail message to a protected computer unless the message provides—
(i) clear and conspicuous identification that the message is an advertisement or solicitation;
(ii) clear and conspicuous notice of the opportunity under paragraph (3) to decline to receive further commercial electronic mail messages from the sender; and
(iii) a valid physical postal address of the sender.