AI makes it fast to write marketing emails. Here's what the FTC's CAN-SPAM guide says every commercial email needs, plus a checklist for AI-drafted campaigns.
AI can draft a promo email in seconds, which makes it easy to send more of them. The rules for commercial email are the same whether a person or AI wrote it. Here's a plain-English starting point from the Federal Trade Commission's (FTC) CAN-SPAM compliance guide, checked on Oct 28, 2026.
Who it covers, per the FTC: CAN-SPAM isn't just for bulk email. It covers all commercial messages, meaning email whose primary purpose is advertising or promoting a commercial product or service. The FTC says there's no exception for business-to-business email.
The main requirements, per the FTC: 1. Accurate header information: your From, To, Reply-To, and routing details must be accurate and identify who sent it. 2. Honest subject lines: the subject must accurately reflect what's in the email. 3. Identify the message as an ad: clearly and conspicuously. 4. Your location: include a valid physical postal address. 5. A clear way to opt out: explain how people can stop getting your marketing email. 6. Members can opt out too: subscribers and members still have the right to opt out of marketing messages. 7. Honor opt-outs promptly: within 10 business days. The opt-out has to keep working for at least 30 days after you send, and you can't charge a fee for it.
Penalties: the FTC says each separate email in violation can bring penalties of up to $53,088.
Where AI comes in (our suggestions):
- Subject lines: AI loves catchy subject lines. Check that each one matches what's inside.
- Claims: check prices, dates, and claims in every AI draft. Our lesson on AI claims in ads has more.
- Footer: keep your address and unsubscribe link in your email template, so AI drafts can't drop them.
- Lists: only send to people on your list, and keep opt-outs off it.
A small-business example: a garden center asks AI for a spring sale email. The draft's subject line says "Everything 50% off!" but the sale is only on perennials. The owner changes it to "50% off perennials this weekend," checks that the footer has the store's address and unsubscribe link, and sends it through her email tool. (Our illustration.)
A quick checklist before you hit send:
- Does the subject line match the email?
- Is it clear it's a promotion?
- Is your postal address in the footer?
- Does the unsubscribe link work?
- Are all prices and dates correct?
Next steps: see our newsletter prep and win-back email playbooks.
A friendly note: this lesson is a starting point for learning, not legal advice. The FTC's compliance guide and a lawyer are great next steps for your situation.
Sources
Where each fact came from
- Overview · checked Oct 28, 2026 · rechecked often — CAN-SPAM Act: A Compliance Guide for Business