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Do commercial emails in the USA and Canada require a physical address?

Summary

Experts, email marketers, and official documentation all confirm that commercial emails in both the USA and Canada require a valid physical postal address. In the USA, this is mandated by the CAN-SPAM Act. In Canada, the requirement is stipulated by CASL, which also necessitates an unsubscribe mechanism or readily accessible electronic address. Permissible address types include street addresses, registered PO boxes, and CMRA addresses. This practice is crucial for ensuring transparency, accountability, and building trust with recipients.

Key findings

  • USA: CAN-SPAM: The CAN-SPAM Act in the USA mandates a valid physical postal address in commercial emails.
  • Canada: CASL: CASL in Canada mandates a physical mailing address and an unsubscribe mechanism (or electronic address) in commercial electronic messages.
  • Transparency & Accountability: Including a physical address promotes transparency and accountability.
  • Permissible Addresses: Valid address types include street addresses, registered PO boxes, and CMRA addresses (if registered with the USPS).

Key considerations

  • Compliance is Essential: Failing to comply with CAN-SPAM and CASL can result in penalties and damage your reputation.
  • Location Matters: While the address requirement applies regardless of the sender's location, CASL's unsubscribe rule is triggered by the recipient's location in Canada.
  • Unsubscribe Options: In Canada, ensure a clear and functioning unsubscribe mechanism or provide a readily accessible electronic address for opt-out requests.
  • Legitimacy and Trust: While a legal requirement, including your address helps build trust and validates the legitimacy of your email communications.

What email marketers say

8 marketer opinions

The consensus among email marketers is that including a physical mailing address in commercial emails is legally required in both the United States (CAN-SPAM Act) and Canada (CASL). This practice ensures transparency, provides a means of contact outside of email, and helps legitimize the sender's identity.

Key opinions

  • Legal Requirement: Both CAN-SPAM (US) and CASL (Canada) mandate the inclusion of a valid physical mailing address in commercial emails.
  • Transparency: Providing a physical address allows recipients to easily identify the sender and increases transparency.
  • Alternative Contact: A physical address gives recipients an alternative method of contacting the sender beyond email.
  • Legitimacy: Including a physical address can improve the legitimacy of the email and sender.

Key considerations

  • Compliance: Failure to include a valid physical address may result in non-compliance with CAN-SPAM and CASL regulations.
  • Type of Address: A valid address can be a street address, PO box, or a commercial mail receiving agency address registered with the postal service.
  • Automated Insertion: Most email marketing platforms automatically insert the physical address into the email footer.
  • Building Trust: While required by law, including your physical address in your emails helps build trust with your subscribers.

Marketer view

Email marketer from Sendinblue shares that to comply with CAN-SPAM, all commercial emails must include your organization’s postal address. This requirement helps ensure transparency and gives recipients the ability to contact you by mail if they wish.

16 Nov 2021 - Sendinblue

Marketer view

Email marketer from Reddit user states that the CAN-SPAM act necessitates a real, valid physical address in all commercial emails sent to US residents. This is to provide transparency and accountability to the email sender.

25 Mar 2022 - Reddit

What the experts say

6 expert opinions

Experts agree that both the USA and Canada mandate a valid physical postal address in commercial emails. In Canada, an unsubscribe option is also required in both transactional and commercial emails if the recipient is in Canada. CAN-SPAM in the US also requires the address, but the 'Otherwise exempt' part refers to consent/unsubscribe, not the postal address. A PO Box or CMRA address is acceptable if registered with the USPS, ensuring transparency and accountability.

Key opinions

  • Address Required: Both USA and Canada require a valid physical postal address in commercial emails.
  • Unsubscribe in Canada: Canada requires an unsubscribe option in both transactional and commercial emails if the recipient is located in Canada.
  • CAN-SPAM Address: CAN-SPAM mandates providing a valid postal address to ensure transparency and accountability.
  • Acceptable Addresses: PO Boxes or Commercial Mail Receiving Agency (CMRA) addresses are valid if registered with the USPS.

Key considerations

  • Recipient Location: Determine the recipient's location, as Canadian regulations apply if the recipient is in Canada.
  • Transactional vs. Commercial: Even transactional emails may require an unsubscribe option if sent to recipients in Canada.
  • CAN-SPAM Exceptions: Understand that the 'Otherwise exempt' part of CAN-SPAM primarily refers to consent and unsubscribe, not the physical address requirement.
  • Address Validity: Ensure that any PO Box or CMRA address is properly registered with the USPS to comply with CAN-SPAM.

Expert view

Expert from Email Geeks quotes CAN-SPAM, emphasizing the need to tell recipients your location with a valid physical postal address. He clarifies his understanding that the 'Otherwise exempt' part refers to consent/unsub, not the physical postal address requirement.

19 Aug 2021 - Email Geeks

Expert view

Expert from Word to the Wise explains that the CAN-SPAM act requires a valid postal address be included in the email. They mention a PO Box or a Commercial Mail Receiving Agency (CMRA) are valid, as long as they are registered with the USPS.

17 Jun 2021 - Word to the Wise

What the documentation says

5 technical articles

Official documentation from both the US (FTC) and Canada (Government of Canada, CRTC, Office of the Privacy Commissioner of Canada) confirms that commercial emails must include the sender's valid physical mailing address. The US follows the CAN-SPAM Act, and Canada follows CASL. Canadian regulations (CASL) also require an unsubscribe mechanism or a readily accessible electronic address for unsubscribe requests.

Key findings

  • US Address Requirement: The CAN-SPAM Act (US) mandates a valid physical postal address in commercial emails.
  • Canadian Address Requirement: CASL (Canada) mandates a physical mailing address in commercial electronic messages (CEMs).
  • Canadian Unsubscribe: CASL requires either an unsubscribe mechanism or a readily accessible electronic address (email/URL) for unsubscribe requests.
  • Address Type: Acceptable addresses include street addresses, registered PO boxes, or private mailboxes registered with commercial mail receiving agencies (US).

Key considerations

  • Compliance: Ensure adherence to both CAN-SPAM (US) and CASL (Canada) regulations.
  • Unsubscribe Method: In Canada, provide a clear and easy-to-use unsubscribe mechanism or an electronic address where recipients can request to unsubscribe.
  • Valid Address: The physical address must be valid and accurate, allowing recipients to contact the sender.
  • International Application: Understand that CASL applies to commercial emails sent to recipients in Canada, regardless of the sender's location.

Technical article

Documentation from the Office of the Privacy Commissioner of Canada provides that under CASL, organizations must provide their mailing address, as well as either an unsubscribe mechanism or an electronic address, like an email or a website link, where recipients can unsubscribe.

28 Jun 2024 - Office of the Privacy Commissioner of Canada

Technical article

Documentation from Federal Trade Commission explains that the CAN-SPAM Act requires commercial emails to include the sender's valid physical postal address. This can be a current street address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency.

7 Oct 2024 - Federal Trade Commission

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