Is there a legal requirement to keep unsubscribed email addresses for four years under CAN-SPAM?

Key findings

• No CAN-SPAM requirement: The CAN-SPAM Act does not explicitly mandate a four-year retention period for unsubscribed email addresses.
• Client-specific policy: Any such requirement (like the four-year period) is likely an internal policy of a client or company, possibly stemming from their interpretation of broader liability concerns, rather than a federal law.
• Compliance with requests: The primary CAN-SPAM requirement is to honor unsubscribe requests within 10 business days and to maintain a mechanism for opting out for at least 30 days after sending commercial emails. This does not involve a long-term retention of the full contact record.
• Data deletion conflicts: Prolonged retention of unsubscribed data can conflict with other privacy regulations, such as GDPR or CCPA, which often grant individuals the right to have their data deleted.

Key considerations

• Suppression lists: While not legally mandated for a specific period, keeping a permanent suppression list (a list of unsubscribed emails to avoid re-mailing) is a crucial best practice for deliverability and compliance.
• Legal counsel: If a client insists on a specific retention period, it's advisable for them to consult their own legal counsel to understand the basis and implications of such a policy.
• Data minimization: Adhere to the principle of data minimization, which suggests not retaining personal data longer than necessary for its intended purpose.
• Preventing re-mailing: The primary goal for handling unsubscribed addresses is to ensure no further commercial emails are sent. This can be achieved through effective suppression list management rather than indefinite contact record retention.
• International laws: Be aware of varying unsubscribe timeframes globally. For more information, refer to legal timeframes for unsubscribing by country.
• One-click unsubscribe: Recent requirements from providers like Gmail and Yahoo emphasize the need for one-click unsubscribe mechanisms. This focuses on ease of opting out, not long retention.
• FTC guidance: The FTC's CAN-SPAM compliance guide does not mention a four-year retention period.

Key opinions

• Unfamiliar claim: Many experienced marketers report never having heard of a four-year retention requirement under CAN-SPAM.
• Internal policy: Marketers suspect such a requirement is an internal company policy, not a federal mandate.
• Suppression vs. deletion: The focus should be on effectively suppressing (not re-mailing to) unsubscribed addresses rather than indefinite retention of full contact data.
• Privacy conflicts: Retention of unsubscribed data for long periods can complicate compliance with privacy laws like GDPR or CCPA, which often require data deletion upon request.

Key considerations

• Risk assessment: Businesses should assess their own liability when clients propose such lengthy data retention policies.
• Privacy policy alignment: Ensure that any internal data retention policies align with publicly stated privacy policies.
• Deliverability impact: Maintaining a clean list by honoring unsubscribes is crucial for email deliverability and sender reputation, regardless of retention length.
• Unsubscribe mechanism: Remember that CAN-SPAM requires a clear unsubscribe method in every commercial email.
• Login to unsubscribe: Requiring a login to unsubscribe is generally not compliant with regulations. Find out if it is legal.

Key opinions

• Not a CAN-SPAM mandate: Experts confirm the four-year retention period is not stipulated by CAN-SPAM.
• Potential conflicts: Such a policy may clash with data deletion requests under privacy regulations like GDPR.
• Purpose of retention: The likely intent is to prevent accidental re-mailing, which is best handled by effective suppression lists.
• Deletion over retention: Many experts recommend deleting unsubscribed contact records rather than retaining them for excessively long periods.

Key considerations

• Assess liability: Evaluate your own liability when dealing with client data retention policies that may not align with standard practices or regulations.
• Privacy policy adherence: Ensure data practices are consistent with the company's published privacy policy.
• Operational impact: Consider if a lengthy retention policy affects email marketing workflows or data management systems.
• No expiry for opt-outs: Opt-outs do not expire, meaning you cannot legally resume sending to an unsubscribed email address. Learn more about email marketing opt-outs.
• Separate transactional emails: Note that transactional emails may be sent to unsubscribed users.
• Faster processing: While CAN-SPAM allows 10 business days, processing unsubscribes faster is often recommended for better sender reputation.

Key findings

• No specific retention period: The CAN-SPAM Act documentation does not specify a four-year or any other long-term retention period for unsubscribed email addresses.
• Prompt opt-out processing: CAN-SPAM requires unsubscribe requests to be honored within 10 business days of receipt.
• Unsubscribe mechanism availability: The unsubscribe mechanism itself must remain operational for at least 30 days after a commercial email is sent.
• Focus on suppression: The law aims to ensure recipients can stop commercial messages, implicitly requiring robust suppression (block) lists rather than indefinite data retention.

Key considerations

• FTC guidance: The official FTC compliance guide remains the definitive source for CAN-SPAM requirements.
• No re-mailing: Once a recipient opts out, it is illegal to send them further commercial emails, regardless of how long their record is retained.
• Other regulations: Businesses must also consider how data retention policies for unsubscribed contacts interact with other privacy laws, such as GDPR or CCPA.
• Unsubscribe confirmation: Understand the requirements for unsubscribe confirmation pages under CAN-SPAM and other regulations as detailed here.
• Transactional emails: CAN-SPAM primarily applies to commercial emails. Transactional or relationship emails are generally exempt from its unsubscribe requirements, as clarified by FTC consumer advice.