Does CAN-SPAM apply to transactional emails?

CAN-SPAM distinguishes between commercial messages (advertising or promoting products/services) and transactional/relationship messages (facilitating agreed-upon transactions or ongoing relationships). Transactional emails-order confirmations, shipping notifications, account updates-receive partial exemption from CAN-SPAM requirements.

Specifically, transactional emails are exempt from: the requirement to include opt-out mechanisms, identification as advertisements, and the physical address requirement (though including it is still best practice). However, transactional emails must still comply with accurate header information and non-deceptive subject line requirements. You cannot use false routing information regardless of email type.

The primary purpose test determines classification. If an email contains both transactional and commercial content, regulators evaluate whether the primary purpose is commercial or transactional. An order confirmation that's 90% upsell content with a brief shipping update is primarily commercial. Don't abuse transactional email exemptions by stuffing marketing content into order notifications-regulators and subscribers both notice, and the consequences differ only in timing.