Summary
Under CAN-SPAM, all commercial emails in the US must have a valid physical postal address, even for cold outreach. Acceptable addresses include a current street address, registered PO Box, or a private mailbox from a commercial mail receiving agency. While technically permissible, relying on an ESP's address is a debated practice. Though it can be a common temporary solution for small businesses, it carries risks. These risks include potential liability, lack of transparency for recipients, a disconnect between the brand and sender (damaging brand trust), technical violations of CAN-SPAM, and ESPs interpreting requirements differently. Compliance enforcement primarily targets large-scale spammers. As a result, alternatives like registered agent addresses or virtual offices are often recommended for long-term compliance, privacy and enhanced credibility.
Key findings
- CAN-SPAM Mandate: A valid physical postal address is legally required for all commercial emails in the US.
- Address Flexibility: Acceptable addresses include a street address, PO Box, or commercial mail receiving agency mailbox.
- ESP Address Concerns: While a potentially common and workable solution for smaller businesses, it is not without risks of technical violations and is not seen as a long term sustainable solution.
- Limited Enforcement: Enforcement focuses on large spammers, implying a lower risk for small businesses.
- Transparency & Trust: There is consensus that an ESP address is not a long term play for trust or transparency of your brand.
Key considerations
- Compliance First: Verify any address strategy complies fully with all CAN-SPAM requirements.
- Liability Assessment: Evaluate the potential legal and financial risks of using an ESP's address.
- Transparency Strategy: Prioritize transparency to enhance recipient trust and build brand reputation.
- Alternative Options: Consider registered agent addresses, virtual offices, or PO boxes for enhanced privacy and credibility.
- Long-Term Planning: Develop a sustainable, scalable addressing strategy aligned with business growth and brand values.
What email marketers say
8 marketer opinions
While technically permissible, using an ESP's address for marketing emails under CAN-SPAM is a debated practice. Some sources suggest it's a common temporary solution for small businesses, while others highlight potential risks like technical violations, lack of transparency, and damage to brand trust. Alternatives like registered agent addresses or PO boxes are often recommended for long-term compliance and credibility.
Key opinions
- Technical Compliance: Using an ESP's address may technically violate CAN-SPAM, which ideally requires the sender's physical address.
- Enforcement: Enforcement of CAN-SPAM address requirements is rare, primarily targeting large-scale spammers.
- Temporary Solution: Using an ESP's address is often viewed as a short-term fix for small businesses lacking a physical presence.
- Brand Impact: Relying on an ESP's address can create a disconnect between the brand and sender, potentially damaging brand trust.
- Transparency: Using an ESP address may lack transparency and could raise red flags for recipients.
Key considerations
- Liability: Consider the potential liability associated with using an ESP's address and whether it aligns with long-term business goals.
- Alternative Addresses: Explore alternative address options like PO boxes, registered agents, or virtual offices to maintain compliance and privacy.
- Transparency: Prioritize transparency by ensuring the sender's address accurately reflects the business sending the email.
- Scalability: Evaluate the scalability of the address solution and whether it can accommodate future business growth.
- Brand Building: Choose an address solution that supports brand building and enhances trust with recipients.
Marketer view
Email marketer from Startup Email Marketing Blog suggests startups prioritize getting a registered agent address instead of leveraging the ESP address. It enhances credibility and demonstrates a commitment to compliance, even if it requires a small investment.
19 Jul 2022 - Startup Email Marketing Blog
Marketer view
Email marketer from EmailGeeks Community advises against using an ESP's address due to potential liability and a lack of transparency for recipients. They suggest it's a short-sighted strategy and businesses should prioritize establishing their own physical presence, even if it's a virtual office.
8 Feb 2022 - EmailGeeks Community
What the experts say
3 expert opinions
Under CAN-SPAM in the US, all commercial marketing emails must include a valid physical address, even for cold outreach. ESPs sometimes include their address by default for smaller senders. While using the ESP's address when they act as a mail drop might be a technical violation, prosecution is unlikely. However, some experts advise against ESPs using their own address, though, as they might interpret the requirement differently based on their involvement in the email's content and targeting.
Key opinions
- CAN-SPAM Requirement: All commercial emails in the US must have a valid physical address, according to CAN-SPAM.
- Common Practice: ESPs often include their address by default for smaller senders to ensure compliance.
- Technical Violation: Using an ESP's address when they act as a mail drop might technically violate CAN-SPAM.
- Unlikely Prosecution: Prosecution for using the ESP's address in this scenario is considered unlikely.
- Differing Interpretation: ESPs might interpret the address requirement differently based on their role in content and targeting.
Key considerations
- Legality: Ensure compliance with CAN-SPAM regulations regarding the inclusion of a physical address in commercial emails.
- Risk Assessment: Assess the risk of using an ESP's address versus obtaining a separate business address.
- Transparency: Consider the implications of using an ESP's address on transparency and brand perception.
- ESP Involvement: Evaluate the ESP's level of involvement in content and targeting to determine the appropriateness of using their address.
- Long-term Strategy: Develop a long-term strategy for address management that aligns with business growth and compliance requirements.
Expert view
Expert from Email Geeks shares that some ESPs might interpret the requirement to include a physical address in emails differently, depending on their involvement in targeting, content, and lists. He think it's a bad idea for them to use their own address though.
8 Jun 2025 - Email Geeks
Expert view
Expert from Word to the Wise, Laura Atkins, responds that under CAN-SPAM, all commercial email in the US must have a postal address, even cold outreach. She also shares some of the history of CAN-SPAM and why it was included.
18 Mar 2025 - Word to the Wise
What the documentation says
5 technical articles
CAN-SPAM mandates a valid physical postal address in every marketing email. Acceptable addresses include a current street address, a registered PO Box, or a private mailbox from a commercial mail receiving agency. While the documentation emphasizes the 'organization's' or 'business's' address, it doesn't explicitly forbid using an ESP's address. The main goal is sender identification and providing recipients a contact method. Accuracy and up-to-date information are crucial for compliance.
Key findings
- CAN-SPAM Requirement: A valid physical postal address is mandatory in all marketing emails under CAN-SPAM.
- Acceptable Addresses: Acceptable addresses include a current street address, registered PO Box, or a private mailbox from a commercial mail receiving agency.
- Sender Identification: The primary purpose of the address is to identify the sender of the email.
- ESP Address Ambiguity: The documentation doesn't explicitly prohibit or permit using an ESP's address.
- Accuracy & Updates: Ensuring the address is accurate and up-to-date is crucial for compliance.
Key considerations
- Compliance: Ensure the chosen address complies with all aspects of CAN-SPAM regulations.
- Sender Identity: Consider how the chosen address reflects the sender's identity and credibility.
- Recipient Contact: Ensure the address allows recipients to easily contact the sender if needed.
- Alternative Solutions: Explore alternative address solutions if using a business address is not feasible.
- Regular Review: Regularly review and update the address information to maintain accuracy and compliance.
Technical article
Documentation from Constant Contact Resource highlights the importance of CAN-SPAM compliance. Their documentation details all aspects including including your business's physical address in every email and how to ensure it's up to date.
14 Apr 2022 - Constant Contact Resource
Technical article
Documentation from SocketLabs.com highlights the CAN-SPAM Act requirement for a valid physical postal address in every email. While it doesn't explicitly prohibit using an ESP's address, it implies the address should be that of the business sending the email. Using a PO Box or commercial mail receiving agency address is also acceptable.
18 Jul 2023 - SocketLabs.com
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