Summary
While CAN-SPAM offers some exemptions for transactional emails, the overwhelming consensus from experts, marketers, and official documentation is that a valid physical postal address is still required in most cases. This requirement is reinforced by other regulations like CASL and GDPR and serves to build trust and allow recipients to contact the sender. Best practice is to include the address, even if exemptions might technically apply. For white-labeling situations, using the reseller's address or indicating 'Sent on behalf of' is recommended. Specific country laws, like those in Germany and Japan, may also mandate the inclusion of an address. It's recommended to consult legal counsel for specific guidance and to implement dynamic address insertion where possible.
Key findings
- Address Required by CAN-SPAM: CAN-SPAM Act necessitates including a valid physical postal address in commercial emails, which includes many transactional emails.
- Transactional Exemptions Limited: While CAN-SPAM has exemptions for transactional emails, they typically do not negate the requirement for a physical address.
- International Compliance: Certain countries (e.g., Germany, Japan) have their own laws mandating physical addresses in emails.
- Increased Deliverability and Trust: Not including a physical address can lead to recipients marking emails as suspicious, impacting deliverability.
Key considerations
- Address Validity and Management: Ensure the provided physical address is valid, regularly maintained, and capable of receiving mail.
- Dynamic Address Insertion: Consider using dynamic address insertion to display the correct address based on the brand or sender.
- White-Labeling Strategies: For white-labeling, utilize the reseller's address or a 'Sent on behalf of' disclosure.
- Legal Consultation: Consult with legal counsel to ensure full compliance with CAN-SPAM and other applicable regulations, considering specific business circumstances and target audiences.
What email marketers say
12 marketer opinions
While CAN-SPAM has some exemptions for transactional emails, the general consensus is that a valid physical postal address is still required in most cases. This address allows recipients to contact the sender and is mandated by CAN-SPAM and other regulations like GDPR (in some regions). Some exceptions and specific country requirements (e.g., Germany, Japan) exist, and it's generally considered a best practice to include an address for safety and compliance, even when white-labeling. If unsure, seek legal advice.
Key opinions
- Address Required: Most sources indicate that CAN-SPAM requires a physical address in emails, including many transactional emails.
- Transactional Exemptions Limited: While CAN-SPAM has exemptions for transactional emails, these exemptions generally do not remove the requirement for a physical address.
- International Laws: Some countries (e.g., Germany, Japan) have laws requiring a physical address in emails, regardless of CAN-SPAM.
- Best Practice: Including a physical address is considered a best practice for compliance and user trust, even if not strictly required in all cases.
Key considerations
- White-Labeling: When white-labeling, consider using the reseller's address or indicating 'Sent on behalf of' with the client's information.
- Legal Advice: Consult with legal counsel for specific compliance requirements based on your business and target audience.
- International Audience: If sending emails to an international audience, research and comply with the specific email marketing laws of those countries.
- Address Validity: Ensure the physical address provided is valid and allows recipients to contact you.
Marketer view
Email marketer from EmailOctopus shares that a physical address must be included in emails to comply with CAN-SPAM, as this allows the user to contact you.
24 Apr 2024 - EmailOctopus
Marketer view
Marketer from Email Geeks states that Germany and Japan require a mailing address, but Australia may not.
23 Feb 2022 - Email Geeks
What the experts say
7 expert opinions
Experts generally agree that CAN-SPAM requires a valid physical postal address in transactional emails. This requirement is also often mandated by other laws such as CASL and GDPR. It's essential to provide the address where you can receive mail. Implementing dynamic addresses based on the brand or sender is a recommended best practice.
Key opinions
- CAN-SPAM Requirement: CAN-SPAM Act necessitates including a valid physical postal address in transactional emails.
- Broader Legal Mandates: Laws such as CASL and GDPR independently require including an address in commercial and transactional emails.
- Address Validity: The provided physical address must be valid and capable of receiving mail.
- Transactional Application: The postal address requirement applies to transactional and 1:1 commercial mail.
Key considerations
- Dynamic Implementation: Programmatically setting up emails to display the appropriate postal address for each brand/sender is recommended.
- Legal Compliance: Failing to include a physical address may result in non-compliance with multiple regulations.
- Operational Impact: Ensure operational procedures accommodate the requirement to include and maintain a valid physical mailing address.
Expert view
Expert from Email Geeks explains that Postal Addresses should be included in the messages due to other laws beyond CAN-SPAM.
30 May 2024 - Email Geeks
Expert view
Expert from Word to the Wise explains that a key compliance factor of CAN-SPAM is providing a valid physical postal address. You need to provide the address that you use for business and where you can receive mail.
5 Oct 2023 - Word to the Wise
What the documentation says
4 technical articles
The documentation consistently states that CAN-SPAM requires a valid physical postal address in commercial emails, including transactional emails, even though transactional messages have some exemptions. Providing this address is considered a best practice and essential for compliance with CAN-SPAM and other regulations. A P.O. Box or private mailbox may be used.
Key findings
- Address Required by CAN-SPAM: CAN-SPAM mandates a valid physical postal address in commercial emails.
- Transactional Emails Not Fully Exempt: While transactional emails have some exemptions under CAN-SPAM, the address requirement generally still applies.
- Best Practice: Including a valid physical postal address is considered a best practice.
- Permitted Address Types: A P.O. Box or private mailbox can be used as the physical mailing address.
Key considerations
- Compliance: Ensure all emails, including transactional ones, include a valid physical postal address to comply with CAN-SPAM and other regulations.
- Address Choice: Select an appropriate and valid physical mailing address, such as a street address, P.O. Box, or private mailbox.
- Regular Review: Regularly review your email practices to ensure ongoing compliance with CAN-SPAM and other relevant regulations.
Technical article
Documentation from Termly states that CAN-SPAM requires a valid physical postal address be included in the email. It's best practice to do so.
31 Jul 2022 - Termly
Technical article
Documentation from FTC.gov explains that the CAN-SPAM Act requires a valid physical postal address in commercial emails, allowing recipients to contact the sender. While transactional messages are exempt from certain provisions, this requirement generally still applies.
15 Jan 2022 - FTC.gov
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