CAN-SPAM Commercial Email Self-Assessment

What this checklist covers

How the self-assessment works

Section 1 of 2

Sender identity and email content

Commercial-message headers, subject lines, disclosure and address.

1. 1.

   Are the From, Reply-To, originating domain, and routing details in your outgoing commercial and transactional emails truthful?

   For commercial AND transactional/relationship emails, do not initiate a message with materially false or misleading headers, including origin, From, routing, or concealed unauthorized relay information.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(1)

2. 2.

   Do your commercial email subject lines accurately describe the material content of the message?

   Commercial-email initiators must not knowingly or constructively use a subject line likely to mislead a reasonable recipient about a material fact regarding the message content or subject.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(2)

3. 3.

   Do covered commercial emails clearly identify themselves as advertising unless the prior-consent exception applies?

   Covered commercial emails must clearly and conspicuously identify the message as an advertisement or solicitation unless the recipient has provided prior affirmative consent.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(5)(A)(i), (B)

4. 4.

   Do covered commercial emails clearly explain recipients’ opportunity to stop future marketing?

   Covered commercial email must clearly and conspicuously notify recipients of the opportunity to decline future commercial messages from the sender.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(5)(A)(ii)

5. 5.

   Does every covered commercial email include a valid physical postal address for its sender?

   Covered commercial email must identify the sender’s valid physical postal address; the FTC Rule defines this to include an accurately registered USPS PO box or eligible private mailbox.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(5)(A)(iii)

Section 2 of 2

Unsubscribe and suppression

Recipient choice, working mechanisms and post-request controls.

1. 1.

   Does each covered marketing email offer a clearly displayed, working unsubscribe route?

   Every covered commercial email must include a functioning return address or Internet-based mechanism through which the recipient can ask to stop future commercial email from that sender at that address.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(3)(A)(i)

2. 2.

   Do your unsubscribe channels remain functional for at least 30 days after each covered marketing email?

   A covered commercial email opt-out address or Internet mechanism must remain capable of receiving opt-out requests for no less than 30 days after the original message is transmitted; this is a minimum availability period, not a recurring due date.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(3)(A)(ii)

3. 3.

   If you offer email preference categories, can recipients still opt out of all marketing from that sender?

   If a sender uses a list or menu for selective commercial-email preferences, it must include a choice to stop all commercial emails from that sender.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(3)(B)

4. 4.

   Do you suppress commercial emails covered by an opt-out within 10 business days of receipt?

   After a recipient requests not to receive covered categories of commercial email, the sender must not initiate messages within the scope of the request more than 10 business days after receipt. Subsequent affirmative consent may remove the prohibition.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(4)(A)(i)

5. 5.

   Do your marketing agencies stop sending covered emails within the applicable 10-business-day opt-out period?

   A person acting on behalf of the sender must not initiate an email covered by a known opt-out more than 10 business days after the sender received the request, subject to the statute’s knowledge conditions.

   Evidence worth keeping: Optional: review relevant message samples, consent/suppression records, campaign controls or provider procedures; no evidence upload is required by this checklist.

   Source: 15 U.S.C. § 7704(a)(4)(A)(ii)