Email is still one of the most reliable ways to sell digital products. You offer a lead magnet, people join your list, and you send them helpful content and product offers. But once an email promotes something you sell, it counts as a commercial message under US law, and the CAN-SPAM Act applies.
The good news: the rules are simple, and most email platforms make compliance easy. Here’s what the Federal Trade Commission (FTC) says you need to do.
The core CAN-SPAM requirements
The FTC’s compliance guide for business lists these main points:
- Accurate header information. Your “From,” “To” and “Reply-To” details must truthfully identify who is sending the email.
- Honest subject lines. The subject line can’t mislead people about what’s inside.
- Identify the message as an ad. The FTC gives you flexibility in how you do this, but it needs to be clear and conspicuous.
- Include your location. Every message needs a valid physical postal address. A PO box or a registered private mailbox can qualify.
- Explain how to opt out. Give people a clear, easy way to stop receiving your marketing email.
- Honor opt-outs promptly. Requests must be processed within 10 business days, and your opt-out method has to keep working for at least 30 days after you send.
- Watch what others do for you. If you hire someone to send email on your behalf, you’re still responsible.
Why this matters for small sellers
It’s easy to assume these rules are only for big brands. They aren’t. The FTC states that each separate email in violation can bring penalties of up to $53,088, and the law makes no exception for business-to-business email. If you sell PLR to other marketers, those emails are covered too.
Practical setup tips
- Use a reputable email service provider. Most add an unsubscribe link and your address to the footer automatically. Check that yours does.
- Write subject lines that match the email. “Your free planner is inside” is fine if the planner really is inside.
- Keep sales emails clearly identifiable. A line such as “This email includes an offer for one of our products” is a simple, honest approach.
- Never re-add someone who unsubscribed, and don’t sell or transfer their address.
- If an affiliate or partner promotes your products by email, make sure they follow the rules too.
Following CAN-SPAM also tends to improve results. Honest subject lines and easy opt-outs build trust, and a list of people who actually want your emails is worth far more than a big list that ignores you.
This article is general information, not legal advice. If you’re unsure how the rules apply to your business, talk to a qualified attorney.
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