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

Key findings

• USA (CAN-SPAM): The CAN-SPAM Act mandates that all commercial emails must include a valid physical postal address. This can be a current street address, a U.S. Postal Service post office box, or a private mailbox registered with a commercial mail receiving agency.
• Canada (CASL): Canada's Anti-Spam Legislation (CASL) also requires that commercial electronic messages (CEMs) include the sender's physical mailing address, alongside other identifying information.
• Transparency goal: The primary purpose of this requirement is to ensure recipients can identify who is sending them commercial messages and provide them with a physical contact point.
• Applies broadly: While some aspects of CAN-SPAM exempt transactional emails, the physical address requirement is widely interpreted to apply to all commercial communications to maintain sender accountability.

Key considerations

• Alternatives to street address: Businesses (including home-based ones) can use a registered P.O. Box or a private mailbox service as their physical address to comply with the law without disclosing a personal street address.
• Transactional email nuance: Even if an email is primarily transactional (e.g., order confirmations), it is generally a best practice to include a physical address. For more details, consult whether CAN-SPAM requires a physical address in transactional emails.
• Recipient location for CASL: CASL applies if the recipient is in Canada, regardless of where the sender is located. This means emails sent from outside Canada to Canadian recipients must comply.
• Proactive compliance: To avoid legal penalties and maintain good sender reputation, ensure all email footers consistently contain the required physical address. Read more about best practices for sending legally mandated email notifications.
• Official guidance: The FTC provides a comprehensive guide to the CAN-SPAM Act, which details this and other requirements.

Key opinions

• Mandatory footer inclusion: Marketers generally agree that a physical address is a non-negotiable component for commercial emails in the footer.
• Client misconceptions: Some marketers encounter situations where clients, despite their experience, might overlook or intentionally omit the physical address, leading to potential compliance issues.
• Blurred lines: The distinction between transactional and marketing emails can be unclear, prompting marketers to question when certain compliance rules apply. This is especially true when considering how account update emails should be classified.
• Data collection challenges: A common concern among marketers is how to determine a subscriber's location to apply correct regional laws, as many companies do not collect this data at opt-in.

Key considerations

• Universal best practice: Many marketers adopt the approach of including a physical address in all emails to simplify compliance, regardless of the email's primary purpose. This can include automated sales emails or individual sales emails.
• Due diligence: Regular audits of email footers are recommended to ensure ongoing adherence to regulations, especially for long-standing email programs.
• CASL's broader scope: Marketers targeting Canadian recipients must be aware that CASL also requires an unsubscribe link in both commercial and transactional emails, a detail sometimes overlooked.
• Strategic address placement: For those concerned about privacy, utilizing a registered PO box is a common and compliant strategy, as discussed by AWeber.

Key opinions

• Both countries require it: Experts are clear that a valid postal address is a requirement for commercial emails in both the USA and Canada.
• Universal best practice: Many advise including a physical address in all outgoing emails, even those considered transactional, to remove any doubt about compliance.
• Transactional exemption clarification: While CAN-SPAM exempts transactional emails from some provisions (like unsubscribe requirements), experts typically state that the physical address mandate is separate and still applies.
• CASL's recipient-based application: For CASL, the law applies if the recipient is in Canada, meaning senders must ensure compliance regardless of their own geographical location.
• CASL unsubscribe: A key distinction is that CASL requires an unsubscribe link in both commercial and transactional emails, which is a stricter requirement than CAN-SPAM.

Key considerations

• Legal interpretation differences: Experts acknowledge that legal interpretations may vary, but the fundamental requirement for a physical address remains. Consider consulting best practices for sender email addresses.
• Risk mitigation: Over-complying by including the address in all emails can help mitigate risks of misclassification and potential penalties.
• Accountability: The physical address contributes to sender accountability and authenticity, which is vital for positive email deliverability and reputation.
• Holistic authentication: While the physical address is a legal requirement, other technical measures like DMARC, SPF, and DKIM are crucial for email authentication and preventing spoofing. Find out more in our simple guide to DMARC, SPF, and DKIM.
• CASL specifics: Mailchimp's guide on CASL provides further details on its requirements, including the physical address.

Key findings

• FTC's CAN-SPAM guidance: The Federal Trade Commission (FTC) explicitly mandates that commercial emails include a valid physical postal address, allowing for different types of addresses like street addresses or registered P.O. boxes.
• CASL's sender information: Canadian Anti-Spam Legislation (CASL) requires that commercial electronic messages (CEMs) clearly identify the sender, including their physical mailing address, and provide a means to contact them.
• Purpose of requirement: The requirement ensures recipients can verify the sender's identity and exercise their right to opt-out, contributing to a more legitimate email ecosystem.
• Penalties for non-compliance: Both acts outline significant penalties for non-compliance, underscoring the legal imperative of adhering to these rules.

Key considerations

• Email classification: Documentation emphasizes understanding an email's primary purpose to determine if it falls under commercial or transactional categories for compliance with laws like CAN-SPAM. Different compliance requirements apply.
• Unsubscribe requirements: Beyond the physical address, official documentation stresses the importance of a clear and functional unsubscribe mechanism in commercial emails. Review our information on whether a two-click email unsubscribe process is compliant with CAN-SPAM.
• Geographic scope: CASL's application is based on the recipient's location, meaning senders worldwide must comply when targeting Canadian recipients.
• Timely processing: Legal frameworks also specify timeframes for processing unsubscribe requests to ensure prompt adherence to recipient preferences. Check what the legal timeframes are for unsubscribing email addresses by country.
• TermsFeed guidance: TermsFeed provides additional insights into the legal requirements for email marketing, confirming the necessity of a mailing address.