Can an ESP allow its users to use the ESP's physical address in marketing emails under CAN-SPAM?
Matthew Whittaker
Co-founder & CTO, Suped
Published 27 Apr 2025
Updated 17 Aug 2025
7 min read
The CAN-SPAM Act mandates that all commercial emails must include a valid physical postal address. This requirement is a cornerstone of email compliance in the United States, designed to provide recipients with a clear way to identify the sender and, if necessary, opt out of future communications.
However, a common question arises, especially for small businesses or those seeking to protect their privacy: Can an Email Service Provider (ESP) allow its users to simply use the ESP's physical address in their marketing emails to satisfy this legal obligation?
This isn't a straightforward question, and the answer involves navigating the nuances of legal interpretation, the practical realities of enforcement, and the broader implications for email deliverability and sender reputation. Understanding these factors is crucial for maintaining a healthy and compliant email program.
The CAN-SPAM act and physical address requirements
The CAN-SPAM Act, officially known as the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, sets out clear rules for commercial email. One of its key provisions requires that every commercial email includes a valid physical postal address of the sender. This is a fundamental aspect of transparency, allowing recipients to know who is sending them mail.
What exactly constitutes a valid physical postal address? According to the Federal Trade Commission (FTC), this can be your 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. It does not need to be a corporate headquarters, making options available for home-based businesses or those without a traditional office.
It's important to note that this requirement applies to commercial emails, which are defined as messages whose primary purpose is commercial advertisement or promotion. This can include anything from newsletters and sales promotions to some forms of cold outreach. However, transactional emails often have different rules regarding this specific requirement. You can explore more on whether transactional emails need physical addresses for further clarity.
Address Type
Description
Current street address
Your actual business or home address (if used for business).
P.O. box
A post office box registered with the U.S. Postal Service.
Commercial mail receiving agency
A private mailbox service where you've registered to receive mail.
Interpreting the “your” in CAN-SPAM
The core of the debate about ESPs allowing their address for user emails revolves around the word your. The Act states your current street address, implying the sender's address. If the sender is the business owner or marketer, then the address should logically be theirs, not the ESP's.
However, some ESPs might offer their address, especially to smaller senders who work from home and want to maintain privacy. The interpretation here is that if the ESP is willing to act as a mail drop or a registered agent for that customer, and physically receives mail on their behalf, then it could arguably fulfill the literal requirement of a physical postal address. This specific aspect was not explicitly clarified in the 2008 CAN-SPAM rulemaking, leaving room for a grey area.
Despite this, relying on an ESP's address can be seen as a technical violation of the spirit of the law, even if it's not aggressively enforced. The intent of the law is accountability; for the recipient to know who sent the email and where to contact them. An ESP's address, while physical, is not the address of the actual sender (the marketer). This distinction is vital for proper sender reputation and preventing potential issues down the line. It touches upon the broader topic of ESP and business deliverability responsibility.
Strict interpretation
The CAN-SPAM Act requires the sender's own physical address. If the ESP is not the actual sender of the commercial content, using their address is a technical violation.
Accountability: Recipients should be able to identify and contact the entity responsible for the email content.
Direct relation: The address should directly correspond to the business promoting the product or service.
Practical interpretation
If an ESP provides mail-forwarding services or acts as a registered agent, their address might fulfill the literal requirement of a valid physical postal address. Enforcement is rare for this specific clause.
Privacy: Offers a way for small businesses to avoid using their home address.
Convenience: Simplifies compliance for users without a dedicated business address.
Practical implications and risks
While it might seem like a convenient workaround, allowing users to use an ESP's address carries practical implications and potential risks for both parties. For the ESP, acting as a mail drop for countless clients could lead to an overwhelming volume of physical mail, some of which might be unwanted or related to complaints. It also blurs the lines of responsibility, potentially impacting the ESP's own reputation.
For the user, while the direct risk of prosecution for this specific technical violation is low (as enforcement by the FTC tends to focus on larger, more egregious offenses with significant monetary penalties), it's not zero. The primary reason enforcement for this specific clause is minimal is the sheer effort and cost involved in tracking down senders for such a nuanced violation. The FTC often prioritizes cases involving deceptive practices, lack of unsubscribe mechanisms, or emails sent without consent, which have broader implications for ESP policies and blocklists. However, it still falls under compliance, a critical element in avoiding emails going to spam.
Beyond legalities, there's a matter of trust and brand perception. Recipients expect transparency about who is contacting them. An address that clearly belongs to the sender's business (even a P.O. box) fosters more trust than an address that belongs to an intermediary. This approach is also not sustainable for an ESP in the long run if many users adopt it, as it introduces operational burdens and legal ambiguities. For more on general compliance, consider how to include a physical address without revealing your home.
The risks of using an ESP's address
For the ESP: Increased administrative burden for handling mail for multiple clients. Potential for brand confusion or negative association if a user sends problematic content. Legal scrutiny could escalate if the ESP is seen as enabling non-compliance on a large scale.
For the user: Despite low enforcement risk, it remains a technical violation of the CAN-SPAM Act. It can erode trust and transparency with recipients, impacting long-term customer relationships. You might miss important physical mail if the ESP is not diligent in forwarding it.
Views from the trenches
Best practices
Always use a valid physical postal address that is directly associated with your business or organization, such as your registered street address or a P.O. Box.
For privacy, consider a commercial mail receiving agency or virtual office address instead of a personal residence.
Ensure your unsubscribe mechanism is prominently displayed and functional, allowing recipients to opt out easily and promptly.
Maintain clear consent records for all email subscribers to demonstrate compliance with anti-spam laws.
Regularly review your email templates to ensure all required CAN-SPAM elements are present and correctly configured.
Common pitfalls
Relying on an ESP's generic physical address without clear contractual agreement or mail forwarding can lead to legal ambiguity.
Assuming that transactional emails are entirely exempt from all CAN-SPAM requirements, including the physical address.
Neglecting to update your physical address in your email templates when your business location changes.
Not having a valid physical address can lead to your emails being flagged as spam or even getting you on a blocklist.
Overlooking international email compliance laws (like CASL or GDPR) that have stricter address and consent rules.
Expert tips
While direct legal enforcement for using an ESP's address might be rare for small businesses, compliance demonstrates professionalism.
A clear, legitimate physical address builds trust and credibility with recipients and mailbox providers, improving deliverability.
Focus on robust email authentication (SPF, DKIM, DMARC) and strong sender reputation to ensure long-term inbox placement.
Even if the law isn't strictly enforced on this point, adhering to its spirit protects your brand.
Regularly monitor your email deliverability metrics, including spam complaints and bounce rates, to detect issues early.
Marketer view
A marketer from Email Geeks says the CAN-SPAM Act mandates that all commercial marketing emails, including cold outreach, must contain a valid physical address and an unsubscribe link.
2023-10-15 - Email Geeks
Marketer view
A marketer from Email Geeks says that while technically a violation, using an ESP's address might not lead to prosecution because the FTC primarily targets large-scale, high-penalty violations, not small-time senders.
2024-08-20 - Email Geeks
Securing your email compliance for the long term
Ultimately, while using an ESP's physical address might appear to tick the box for CAN-SPAM compliance on a superficial level, it exists in a legal grey area. The intent of the law requires the sender's own address, not an intermediary's. Though direct prosecution for this specific nuance might be rare, it doesn't align with the best practices for building a strong and trustworthy email presence.
For businesses, the most secure and reputable approach is to use their own valid physical address. This could be their company's street address, a registered P.O. Box, or an address obtained through a commercial mail receiving agency. These options allow businesses to comply with the law while protecting personal privacy if they operate from home.
Adhering to the spirit of CAN-SPAM, not just the letter, is crucial for overall email deliverability. Mailbox providers look for signs of legitimate senders, and transparent contact information contributes to a positive sender reputation. Avoiding the appearance of trying to hide identity helps keep your emails out of the spam folder and off various blocklists (or blacklists).
Prioritizing clear and direct compliance ensures a more robust and trustworthy email marketing program, minimizing potential legal issues and maximizing your chances of reaching the inbox. Understanding broader compliance needs, such as for individual sales emails and automated sales cadences, is also beneficial.
