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Marketing & sales

CAN-SPAM compliance: rules for marketing and commercial email

The CAN-SPAM Act sets the rules for commercial email in the US and is enforced by the FTC. Ask the assistant whether your newsletter, promotion or account email is covered and what it must contain.

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Each question stands alone · 1 free a month, then with a subscription.

Answers are written by a language model solely from this base's documents, with numbered sources. They can be wrong and aren't legal, medical or financial advice: check the sources before any important decision.

What every commercial email needs

The law covers any message whose primary purpose is to advertise or promote a product or service, including business-to-business email. Each one needs accurate header information, a subject line that reflects the content, a clear identification as an ad, a valid physical postal address and a clear way to opt out.

Opt-outs must work for at least 30 days after sending and be honored within 10 business days, without a fee or any request beyond an email address. Once someone opts out, you cannot sell or transfer their address.

Commercial or transactional?

Transactional or relationship messages, such as confirming an agreed purchase, warranty or recall information, or account changes, only need truthful routing information. The FTC reads these categories narrowly.

A mixed email is commercial if the subject line suggests an ad, or if the transactional content does not appear mainly at the beginning.

Frequently asked questions

What are the penalties for violating CAN-SPAM?

Each separate email in violation is subject to penalties of up to $53,088, and more than one person may be held responsible. Harvesting addresses or dictionary attacks can also bring criminal penalties.

Can I outsource compliance to my email provider?

No. Both the company whose product is promoted and the company that sends the message may be held legally responsible.

Can members of a subscription program opt out?

Yes. You do not need their consent to send marketing email, but they keep the right to stop receiving it.

For developers and agents

Embed / API / MCP

Connect this base to Claude, Cursor, ChatGPT or your own app. Each API or MCP request costs €0.10, charged to your Kopik credit (not charged if nothing is found). You need an API key: create one from your dashboard.

MCP for your agents

This base's MCP server URL (tools ask_base and search_base):

MCP URL
https://kopik.io/api/mcp?base=ftc-advertising-endorsements-email-marketing
Claude Code, Cursor and other clients
Claude Code
claude mcp add --transport http kopik-ftc-advertising-endorsements-email-marketing "https://kopik.io/api/mcp?base=ftc-advertising-endorsements-email-marketing" --header "Authorization: Bearer kpk_…"
JSON config (mcpServers)
{
  "mcpServers": {
    "kopik-ftc-advertising-endorsements-email-marketing": {
      "url": "https://kopik.io/api/mcp?base=ftc-advertising-endorsements-email-marketing",
      "headers": {
        "Authorization": "Bearer kpk_…"
      }
    }
  }
}

REST API for your apps

mode is "answer" (written answer + sources) or "passages" (raw passages only). Add an optional maxPriceCents to cap the price: if the base costs more, the call is refused and nothing is charged.

curl
curl -X POST https://kopik.io/api/v1/bases/ftc-advertising-endorsements-email-marketing/query \
  -H "Authorization: Bearer kpk_…" \
  -H "Content-Type: application/json" \
  -d '{"question": "Your question here", "mode": "answer"}'

Getting started

  1. Create a key in your dashboard and top up your credit.
  2. Replace kpk_… with your key.
  3. Full details (responses, errors, JS and Python examples): developer docs.