According to the US Federal Trade Commission's guide, messages whose primary purpose is transactional or relationship related are exempt from most CAN-SPAM provisions, but they still cannot contain false or misleading routing information. Promotional content changes the analysis. This is general information, not legal advice.
Definition
CAN-SPAM is the US law governing commercial email. The FTC's compliance guide for business lists eight requirements for commercial messages. Transactional messages, such as an account notice, a receipt or a reset link, get different treatment.
What the FTC guide says for commercial email
The guide lists these requirements:
| Requirement | In short |
|---|---|
| Accurate sender information | Header details, including the originating domain and address, must truthfully identify the sender |
| Honest subject lines | The subject must match the message content |
| Ad disclosure | The message must clearly say it is an advertisement |
| Physical address | Include a valid postal address |
| Opt-out method | Explain how to stop messages, make it easy, and offer to stop all marketing messages |
| Prompt processing | Opt-out mechanisms must work for at least 30 days after sending, and requests must be honored within 10 business days |
| Subscribers and members | Membership does not remove the right to opt out of marketing |
| Third parties | Hiring another company to send does not transfer your legal responsibility |
Where the line gets blurry
Teams often add a promotion to a receipt or a reset email. Once a message mixes content, whether it counts as transactional can become a question. Mailbox provider rules point the same way for practical reasons: Google's sender guidance says not to mix content types, such as promotions inside a sales receipt. Keeping streams apart is both a deliverability habit and a way to keep your categories clear. See separating transactional and marketing streams.
Steps for a product team
- Classify each template as transactional or marketing, and have counsel review the edge cases.
- Keep promotions out of transactional templates.
- Make sure header details, such as From and Reply-To, truthfully identify your company on every message.
- For marketing mail, build the opt-out so it works for at least 30 days after sending and is processed within 10 business days.
- Do not require fees or extra personal information to opt out.
- If a vendor sends for you, review its practices, because responsibility stays with you.
Records
Keep a log of unsubscribe events with timestamps so you can show when a request was received and when it took effect. See consent record fields worth logging.
Where Safeguard fits
Safeguard's compliance and evidence automation helps teams keep policies and proof of operation in one place. It does not provide legal advice. The free scan is at https://gold.safeguard.sh/scan.
Quick check
Can a receipt carry a coupon?
That is a judgment call for your counsel. The FTC guide describes the transactional exemption by primary purpose, and mailbox providers advise against mixing content.
Is this advice for countries outside the US?
No. Other regions have different rules, so check the law where your recipients live.
Sources
- CAN-SPAM Act: A Compliance Guide for Business, FTC
- Email sender guidelines, Google Workspace Admin Help
Last reviewed: 19 October 2026.
