As a sender, you are obligated to give your recipients in each advertising email the possibility to opt-out from your lists, at no cost. Also, if you hire another company to handle your email marketing (3rd party mailer), you can’t contract away your legal responsibility to comply with the law.
Here’s a rundown of CAN-SPAM’s main requirements:
Don’t use false or misleading header information
Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines.
The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located.
Your message must include your valid physical postal address.
Tell recipients how to opt out.
Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.
Monitor what others are doing on your behalf.
The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law.
* https://www.ftc.gov/ for more information