The CANSPAM ACT "permits e-mail marketers to send unsolicited commercial e-mail as long as it adheres to 3 basic types of compliance defined in the CAN-SPAM Act: unsubscribe, content and sending behavior compliance:
Unsubscribe Compliance:- A visible and operable unsubscribe mechanism is present in all emails.
- Consumer opt-out requests are honored within 10 days.
- Opt-out lists also known as suppression lists are only used for compliance purposes.
Content Compliance:- Accurate from lines (including "friendly froms")
- Relevant subject lines (relative to offer in body content and not deceptive)
- A legitimate physical address of the publisher and/or advertiser is present.
- A label is present if the content is adult.
Sending Behavior Compliance:- A message can not be sent through an open relay
- A message can not be sent to a harvested email address
- A message can not contain a false header
Note that falsifying header information is a serious violation of the CAN-SPAM Act and generally is an indicator of criminal or malicious intent which can bring the attention of other law enforcement agencies besides the FTC, including but not limited to the FBI, DOJ and US Postal Inspectors.
The content is exempt if it consists of:
- religious messages;
- political messages;
- content that broadly complies with the marketing mechanisms specified in the law; or
- national security messages."