CAN-SPAM — Controlling the Assault of Non-Solicited Pornography And Marketing Act
Nedir CAN-SPAM?
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CAN-SPAM (15 U.S.C. §§ 7701–7713) is the US federal statute governing commercial email: it is an opt-out regime, meaning you may send until the recipient unsubscribes — there is no opt-in requirement. Its seven content requirements cover truthful headers, non-deceptive subject lines, ad identification, a valid postal address, a working unsubscribe mechanism, honoring opt-outs within 10 business days, and monitoring third parties sending on your behalf.
More detail
CAN-SPAM's seven statutory requirements split into sender obligations and platform mechanics. The sender-side obligations — non-deceptive subject lines, ad identification, a valid physical postal address — live in your template copy and footer block. The platform-side mechanics — truthful headers, a working unsubscribe, timely honoring — map to concrete Orbit surfaces: sender-domain DKIM/SPF/DMARC verification, the List-Unsubscribe / List-Unsubscribe-Post headers plus the in-body link every outbound email carries, and the scope-`email` suppression entry a recipient click writes.
The honoring timeline is deliberately tighter than the statute's ceiling: the FTC grants 10 business days, but a recipient click in Orbit writes the suppression entry immediately, and every later send to that address is dropped. The same ledger captures bounce and complaint events, so reputation risk seeds suppression without manual review.
The asymmetry that matters when you sell into Canada: CAN-SPAM lets you send until the recipient opts out; CASL (Canada's Anti-Spam Legislation, S.C. 2010, c. 23) does not let you send until the recipient has opted in via express consent or a narrowing implied-consent tier. US tenants whose North America programs trip on CASL usually trip on the implied-consent expiry — two years after a purchase, six months after an inquiry.
The tenant, not the platform, owns the posture. Orbit makes each control auditable — the suppression ledger, the Consent API, the bounce/complaint reputation endpoint — but the seven requirements bind the sender, and none of them are imposed by an Orbit-side gate beyond the federal TCPA voice window.
Sık sorulan sorular
- Does CAN-SPAM require opt-in before sending?
- No. CAN-SPAM is an opt-out statute: you may send commercial email until the recipient unsubscribes. The prohibitions target deceptive headers and subject lines, not the absence of prior consent — unlike CASL, which requires consent before dispatch.
- How quickly must an unsubscribe be honored?
- The statute grants up to 10 business days. Orbit's suppression ledger writes the scope-`email` entry immediately on the recipient's click and drops every later send to that address, so the effective window is measured in seconds rather than days.
- Which of the seven requirements are sender-side versus platform-side?
- Sender-side: subject-line accuracy, ad disclosure, the physical postal address in your template footer. Platform-side: truthful From headers via sender-domain DKIM/SPF/DMARC verification, the List-Unsubscribe header pair plus in-body link, and immediate-suppression honoring via the ledger.
- How does CAN-SPAM differ from CASL?
- CAN-SPAM (US) is opt-out; CASL (Canada) is opt-in — consent must exist before dispatch, either express or a narrowing set of implied-consent tiers. For a cross-border program, treat each jurisdiction's consent posture separately; the blog explainer can-spam-casl-email-sms-opt-out-vs-opt-in walks the per-channel asymmetry.
See also
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