Guides / Starting a business / Email rules
Email rules every small business should know.
You do not need a law degree to send marketing emails, but you do need to know the baseline legal rules before hitting send. Here is what the Federal Trade Commission requires under the CAN-SPAM Act, explained in straightforward terms for small business owners.
Official source for commercial email rules.
The rules below summarize the main requirements published in the FTC CAN-SPAM Act Compliance Guide for Business. This guide provides practical guidance, not formal legal counsel.
The seven core requirements of the CAN-SPAM Act.
Under the FTC CAN-SPAM Act compliance guide, commercial emails must not use false or misleading header information, must not use deceptive subject lines, must include a valid physical postal address, and must provide a clear and conspicuous opt-out mechanism that is honored within 10 business days. Here are the seven requirements in everyday language:
- Do not use false or misleading header information. Your "From", "To", "Reply-To", and routing information (including your originating domain name and email address) must accurately identify who is sending the message. [screenshot: Email header showing clear sender name, verified domain, and matching reply-to address]
- Do not use deceptive subject lines. Your subject line must accurately summarize the actual content inside the email. Tricks like putting "Re:" or "Your order confirmation" on a marketing broadcast are explicit violations.
- Identify the message as an advertisement. If your email is a commercial solicitation, you must disclose clearly and conspicuously that the message is an advertisement, unless you have prior affirmative consent from the subscriber.
- Include your valid physical postal address. Your message must display your valid physical postal address. The FTC compliance guide specifies that your physical postal address can be your current street address, a post office box you have registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations.
- Provide a clear and conspicuous opt-out link. Every commercial email must explain clearly how the recipient can opt out of receiving future marketing messages. The text must be easy for an ordinary reader to notice and understand.
How opt-out handling works in practice.
The remaining two requirements govern what happens after someone asks to leave your list:
- Honor opt-out requests within ten business days. You must process unsubscribes promptly. Modern platforms like Hollerpost handle this automatically by unsubscribing the recipient the moment they click the link in your footer.
- Keep the opt-out mechanism working for thirty days. Your unsubscribe mechanism must remain active and functional for at least thirty days after your email is sent.
- Never charge a fee or require more than an email address to opt out. You cannot charge a fee, ask for personal information other than an email address, or make a subscriber visit more than a single web page to unsubscribe.
- Never sell or transfer unsubscribed email addresses. Once someone opts out, you cannot sell, rent, or transfer their address to another mailing list, except to help another service comply with the law.
- Monitor what others send on your behalf. If you hire an agency, freelancer, or virtual assistant to send emails for your business, you and the agency can both be held responsible.
Three good habits that keep your list clean and compliant.
Following the law is the minimum bar. These three practical practices also ensure your emails land in primary inboxes rather than spam filters:
Build trust on every send.
- Never buy, rent, or scrape contact lists. Buying an email list ruins your domain reputation, triggers spam traps, and violates every major email service provider terms of service. Only send to people who explicitly joined your list.
- Protect your home address with a PO Box or CMRA mailbox. If you work from home, rent a PO Box or private mailbox at a local shipping store so your personal residence is not visible in every footer.
- Use a clean one-click unsubscribe link. Make your unsubscribe link easy to see. If subscribers cannot find your unsubscribe link easily, they will click the "Report spam" button instead, which damages your inbox delivery rate with Gmail and Yahoo.
Send clean, compliant emails with Hollerpost.
Hollerpost handles automatic one-click unsubscribes, footer address management, and SPF and DKIM authentication.
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