What is the CAN-SPAM Act

Set as a US standard for the regulation of spam email, Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) is an act that establishes the rules for commercial email and commercial messages.

When CAN-SPAM applies

All businesses that send commercial emails or employ third-party services to send emails on their behalf are subject to comply.

The CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service”, including email that promotes content on commercial websites.

What activities are not prohibited by the CAN-SPAM law

The CAN-SPAM Act doesn’t prohibit email advertising, but it prohibits certain fraudulent practices related to email advertising, such as using false or misleading identity information (“From,” “To,” and “Reply to”) or deceptive subject lines.

Under the FTC’s CAN-SPAM Act, you do not need consent prior to adding users located in the US to your mailing list or sending them commercial messages. However, it is mandatory that you provide users with a clear means of opting out of further contact.

CAN-SPAM Act and MegaMTA

MegaMTA is fully compliant with the CAN-SPAM Act (aka Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003).

This act is enforced by the Federal Trade Commission and establishes rules and requirements for any "electronic mail messages" sent for the purpose of advertising or promotion of a commercial product or service.

Basically, it outlines what qualifies as "spammy, misleading or deceptive", gives all recipients the right to have anyone stop emailing them, and spells out the penalties for violating these rules.

You can learn more about the CAN-SPAM Act and its specifics by visiting the CAN-SPAM Act website.

How MegaMTA is in Compliance

Our Terms of Service require that all MegaMTA services abide by all CAN-SPAM requirements including:

  • we don’t use false or misleading header information
  • we don’t use deceptive subject lines
  • we identify the message as an ad
  • we tell contacts where we are located
  • we tell to all contacts how to opt-out of receiving future email from us
  • we honor opt-out requests promptly
  • we monitor what others are doing on our behalf

We also have a dedicated Compliance and Fraud Team that monitors all sending on our platform and helps enforce these important rules.