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The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

The law makes no exception for business-to-business email.When an email contains both kinds of content, the primary purpose of the message is the deciding factor.Here’s how to make that determination: If a recipient reasonably interpreting the subject line would likely conclude that the message contains an advertisement or promotion for a commercial product or service or if the message’s transactional or relationship content does not appear mainly at the beginning of the message, the primary purpose of the message is commercial.So, when a message contains both kinds of content – commercial and transactional or relationship – if the subject line would lead the recipient to think it’s a commercial message, it’s a commercial message for CAN-SPAM purposes.Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message under the CAN-SPAM Act.That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to ,000, so non-compliance can be costly. Here’s a rundown of CAN-SPAM’s main requirements: If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM.If it contains only transactional or relationship content, its primary purpose is transactional or relationship.In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act. It’s common for email sent by businesses to mix commercial content and transactional or relationship content.Here's an example: TO: Jane Smith FR: XYZ Distributing RE: Your Account Statement We shipped your order of 25,000 deluxe widgets to your Springfield warehouse on June 1st. Please call our Customer Service Office at (877) 555-7726 if any widgets were damaged in transit.Per our contract, we must receive your payment of ,000 by June 30th.If not, we will impose a 10% surcharge for late payment.