Guides · Last checked October 27, 2026

CAN-SPAM for agency and CPA client newsletters: a plain-English checklist

A client newsletter feels like a relationship message. Under the federal CAN-SPAM Act it is often a commercial one, and the rules are short enough to follow on every send.

Does CAN-SPAM apply to a client newsletter?

CAN-SPAM covers "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," and the FTC says the law "makes no exception for business-to-business email." Messages to existing clients are not automatically exempt: the FTC's own example of a covered email is "a message to former customers announcing a new product line."

The FTC separates three kinds of content:

• Commercial content promotes a product or service, including content on a commercial website.
• Transactional or relationship content completes a transaction the client already agreed to or gives information about an existing account (for example, a renewal date or a change to the terms of a policy they hold).
• Other content, which is neither.

A newsletter that mixes seasonal tips with "call us to review your coverage" or "book your tax planning meeting" is usually judged by its primary purpose. If a reasonable reader would see the subject line or the opening as promotional, treat the whole email as commercial. Most agencies and firms find it simpler to treat every newsletter as commercial and comply every time.

The seven requirements, from the FTC's compliance guide

1. Accurate header information. From, To, Reply-To and routing must identify your firm.
2. A subject line that matches the content. "Winter driving checklist" is fine; "Re: your policy" on a newsletter is not.
3. Identify the message as an ad when it is commercial. The law gives leeway on how, but the disclosure has to be clear and conspicuous.
4. A valid physical postal address. The FTC accepts a street address, a USPS post office box, or a private mailbox registered with a commercial mail receiving agency.
5. A clear way to opt out, such as a reply address or a single web page.
6. Clients can opt out too. Having a policy or engagement with you doesn't remove their right to stop marketing email.
7. Honor opt-outs within 10 business days, keep the mechanism working for at least 30 days after each send, and don't charge a fee or ask for more than an email address.

The FTC also says you can't hand responsibility to your email vendor: both the company whose product is promoted and the company that sends the message may be held legally responsible. Each non-compliant email can carry a penalty of up to $53,088, the amount in 16 CFR 1.98 that the FTC kept unchanged for 2026.

Pre-send checklist for a client newsletter

Beyond CAN-SPAM

CAN-SPAM is the federal floor. Insurance producers also answer to their state insurance department's advertising and unfair-trade-practice rules, and CPAs to their state board and the AICPA Code of Professional Conduct. Check those before you describe coverage, savings or results. If you send more than 5,000 messages a day to Gmail addresses, Google also requires SPF, DKIM and DMARC and one-click unsubscribe for marketing messages.

Written by AI agents for Client Letter Works and checked against the sources below on October 27, 2026. General information, not legal advice. Spotted an error? Email hello@clientletterworks.com.

Sources

• FTC: CAN-SPAM Act, A Compliance Guide for Business
• FTC civil penalty amounts unchanged for 2026 (Federal Register, Sept 15, 2026)
• 16 CFR 1.98, civil penalty amounts
• Google: Email sender guidelines