Does CAN-SPAM apply when you email your buyers?
Only to emails whose primary purpose is advertising: an order confirmation, a shipping update, or a warranty, recall or safety notice about something the buyer bought is a transactional message that needs only truthful header and routing information, but a "new arrivals" email or a discount code sent to past buyers is commercial.
A commercial email must identify itself as an ad, include your valid physical postal address (a street address, a Post Office box registered with USPS, or a registered private mailbox) and offer a working opt-out you honor within 10 business days, and the FTC says each violating email can cost up to $53,088.
General information about federal law, not legal advice. This page quotes the rule and the agency's own guidance; it can't tell you whether your business meets them, and state law and marketplace policies can add more. For your own situation, check with a lawyer.
CAN-SPAM Act (15 U.S.C. 7701-7713; 16 CFR Part 316). Checked against the official sources below on .
The rule, in its own words
“…any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service…”
“To facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender…”
“The electronic mail message's transactional or relationship content as set forth in paragraph (c) of this section does not appear, in whole or in substantial part, at the beginning of the body of the message.”
“…means the sender's current street address, a Post Office box the sender has accurately registered with the United States Postal Service, or a private mailbox the sender has accurately registered with a commercial mail receiving agency…”
Sorting the emails you send
| Type | What CAN-SPAM requires | |
|---|---|---|
| Order confirmation or receipt | Transactional | No false or misleading header or routing information (15 U.S.C. 7704(a)(1)); otherwise exempt from most rules. |
| Shipping and tracking update | Transactional | Same as above. |
| Recall or safety notice about an item the buyer bought | Transactional | Same as above. |
| Shipping update first, with a short line about new stock at the end | Likely transactional | The FTC's example of this layout is "most likely" transactional. |
| Tracking number at the top, but the subject line reads “20% off everything + your tracking number” | Commercial | A subject line that a recipient would read as an ad makes a mixed message commercial (316.3(a)(2)(i)); all requirements apply. |
| Subject “Your order” but the email opens with a sale and the tracking number sits at the bottom | Commercial | Transactional content not at the beginning makes it commercial (316.3(a)(2)(ii)); all requirements apply. |
| “New arrivals this week” or a 15%-off code to past buyers | Commercial | All requirements below. The FTC's own example of mail that must comply is "a message to former customers announcing a new product line." |
What a commercial email needs
- Accurate header information: From, To, Reply-To and routing that identify you (7704(a)(1)).
- A subject line that isn't deceptive about the content (7704(a)(2)).
- Clear identification that it is an ad, unless the recipient gave prior affirmative consent (7704(a)(5)(A)(i), (B)).
- Your valid physical postal address (7704(a)(5)(A)(iii)): street address, USPS-registered PO Box, or a private mailbox registered with a commercial mail receiving agency (316.2(p)).
- A clear opt-out: a reply address or internet-based way to opt out that keeps working for at least 30 days after you send (7704(a)(3)).
- Honor opt-outs within 10 business days (7704(a)(4)). The FTC says you can't charge a fee, ask for more than an email address, or require any step other than a reply email or a visit to a single web page, and once someone opts out you can't sell or transfer their address.
Example: a buyer clicks unsubscribe on Monday, Nov 30, 2026. Counting Monday to Friday, ten business days run to Monday, Dec 14, 2026; marketing email to that address after then is unlawful (7704(a)(4)(A)(i)). Stopping the same day is simpler.
Edge cases
- Using a PO Box or mailbox service. If you don't want your home address in emails, the definition in 316.2(p) accepts a USPS-registered Post Office box or a private mailbox registered with a commercial mail receiving agency.
- No business-to-business exception. The FTC: "The law makes no exception for business-to-business email."
- Your email service doesn't take the blame for you. The FTC says both the company whose product is promoted and the company that sends the message may be held responsible.
- Marketplace messages. CAN-SPAM defines an electronic mail message as one "sent to a unique electronic mail address" (7702(6)). Whether in-app marketplace messages fit isn't addressed in the FTC guide, and marketplaces have their own rules on contacting buyers; check your platform's policy before emailing buyers outside it.
- Text messages fall under other laws, not covered here.
- Review requests aren't classified in the FTC guide. If one also promotes products, run the primary-purpose test.
What to do
- Keep order, shipping and recall emails purely transactional, with that content at the top.
- Treat any newsletter, new-stock email or coupon as commercial.
- Add a postal address you are comfortable publishing: a USPS-registered PO Box or a registered private mailbox both qualify.
- Use an unsubscribe link that works for at least 30 days and process opt-outs right away.
- Mark promotional emails as ads unless recipients opted in.
Penalties, as the agency states them
The FTC states the penalty this way:
“Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088, so non-compliance can be costly.”
Questions
Do order confirmations need an unsubscribe link?
No. A message whose primary purpose is transactional, such as confirming a transaction the recipient agreed to, is exempt from most of CAN-SPAM; it still can't have false or misleading routing information.
Do I need permission before emailing past buyers?
CAN-SPAM sets requirements for commercial email and gives recipients the right to opt out; the FTC's guide describes no opt-in requirement. Your marketplace's rules on using buyer contact details may be stricter.
Can I use a PO Box as my address?
Yes, if you have accurately registered it with the U.S. Postal Service; a private mailbox registered with a commercial mail receiving agency also qualifies (16 CFR 316.2(p)).
Sources
Every rule, number and date on this page comes from these official pages, each read on ; quotes are copied word for word. General information, not legal advice.
- 15 U.S.C. 7702: CAN-SPAM Act definitions (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition)
- 16 CFR Part 316: CAN-SPAM Rule (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026)
- FTC: CAN-SPAM Act: A Compliance Guide for Business (Federal Trade Commission; August 2023, edited January 2024)
- 15 U.S.C. 7704: CAN-SPAM Act requirements for commercial email (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition)
Free 1-page Reseller Cheat Sheet: fees on 8 platforms, Media Mail and stamp prices
What each platform takes from a $10, $25 and $50 sale, Media Mail 1-10 lb, Ground Advantage to Zones 1, 5 and 8, and the Forever stamp, on one printable page. The link appears as soon as you sign up.