The CAN-SPAM Act

The Federal Trade Commission protects the public from unwanted or inappropriate digital content. The CAN-SPAM Act outlines seven guidelines businesses and organizations must follow when distributing digital commercial messages.

There are 3 types of email content.

  • Commercial: Content that promotes products or services, including educational services.

  • Transactional: Content that follows up on a transaction or relationship that’s already happened.

  • General: Stuff that’s neither commercial or transactional, such as messages of well wishes.

Why does it matter what type of messages you’re sending?

  • Commercial messages must comply with all 7 CAN-SPAM Act guidelines.

  • Transaction and General messages are only required to not provide false or misleading routing information about the organization.

Fines for violations of the CAN-SPAM Act can exceed $53,000 per occurrence.

So, are Extension messages commercial or transactional?

That depends on the purpose of the email.

Download the Guide and Find Out More: 7 Things You Must Include in Your Email Marketing and Digital Newsletter

Commercial Messages

The FTC defines commercial as any electronic mail message whose main purpose is the commercial promotion of a product or service. Once we invite someone to be involved with a “thing” we’re doing, the message becomes commercial.

  • But aren’t we educational, not commercial?
    We are both. Even when we’re providing educational content, we’re likely including links to join a meeting, read a blog, volunteer, or donate — that makes the message commercial.

  • But we don’t charge anything, so it’s not commercial, right?
    Wrong. A service can be free and still be classified as commercial messaging.

  • But Extension volunteers are REQUIRED to get our emails, so the CAN-SPAM Act can’t fully apply.
    Maybe. Although you could argue volunteers enter into a transactional agreement and you’re just following up on what they need for that agreement, most of our messages also include other Extension opportunities they might consider — that makes the message commercial.

Transactional Messages

If a client “purchases” something, such as registering for a webinar, and you follow up about that purchase, your correspondence is considered transactional. But, if you add other event opportunities in the same email, you’ve turned it into a commercial message and all 7 CAN-SPAM requirements now apply.

Examples of Commercial Messages

  • Join a club

  • Come to a meeting

  • Sign up for this workshop

  • Volunteer in the garden

  • Donate to Extension

Examples of Transactional Messages

  • Here’s your webinar link

  • Here’s your judge entry pass

  • Here’s your membership packet

  • Here’s the publication you purchased