What are the penalties for CAN-SPAM violations?

CAN-SPAM violations can result in penalties of up to $50,120 per non-compliant email (adjusted for inflation from the original $16,000). Since each individual email can constitute a separate violation, a single campaign to a large list could theoretically generate astronomical fines. The FTC, state attorneys general, and ISPs can all bring enforcement actions.

Both senders and advertisers can be held liable. If you hire a marketing agency that sends non-compliant email on your behalf, both you and the agency may face penalties. The law holds the company whose products are promoted responsible, not just the technical sender. This creates incentive to vet partners and maintain compliance oversight.

Additional criminal penalties apply for aggravated violations: using false identities, hijacking computers to send spam, harvesting email addresses through automated means, or using scripts to generate fake accounts. These can result in imprisonment. CAN-SPAM penalties are designed to make non-compliance economically irrational. The upotential fines far exceed any benefit from sending spam, assuming enforcement catches you.