Memorandum re: CAN-SPAM Act’s Application to Single Email 06/26/07
The Can-Spam Act may apply to a one-time email. Therefore, a company must make sure that they conform with the requirements of the Act under Sections 5(a) and (d). These include the following: . §5(a)(1) -- No false or misleading header info . §5(a)(2) -- No deceptive subject matter headings . §§5(a)(3) and (a)(5)(A)(ii) -- Include functioning return address or mechanism for optout for sender, with a clear and conspicuous notice. . §5(a)(5)(A)(i) -- Include clear and conspicuous identification that a commercial electronic mail message is an advertisement or solicitation. . §5(a)(5)(A)(iii) -- Include valid physical postal address of sender. . §5(d) -- Include marking and notice requirements in sexually -oriented email.