Can an ESP allow its users to use the ESP's physical address in marketing emails under CAN-SPAM?

Summary

Under CAN-SPAM, all commercial emails in the US must have a valid physical postal address, even for cold outreach. Acceptable addresses include a current street address, registered PO Box, or a private mailbox from a commercial mail receiving agency. While technically permissible, relying on an ESP's address is a debated practice. Though it can be a common temporary solution for small businesses, it carries risks. These risks include potential liability, lack of transparency for recipients, a disconnect between the brand and sender (damaging brand trust), technical violations of CAN-SPAM, and ESPs interpreting requirements differently. Compliance enforcement primarily targets large-scale spammers. As a result, alternatives like registered agent addresses or virtual offices are often recommended for long-term compliance, privacy and enhanced credibility.

Key findings

  • CAN-SPAM Mandate: A valid physical postal address is legally required for all commercial emails in the US.
  • Address Flexibility: Acceptable addresses include a street address, PO Box, or commercial mail receiving agency mailbox.
  • ESP Address Concerns: While a potentially common and workable solution for smaller businesses, it is not without risks of technical violations and is not seen as a long term sustainable solution.
  • Limited Enforcement: Enforcement focuses on large spammers, implying a lower risk for small businesses.
  • Transparency & Trust: There is consensus that an ESP address is not a long term play for trust or transparency of your brand.

Key considerations

  • Compliance First: Verify any address strategy complies fully with all CAN-SPAM requirements.
  • Liability Assessment: Evaluate the potential legal and financial risks of using an ESP's address.
  • Transparency Strategy: Prioritize transparency to enhance recipient trust and build brand reputation.
  • Alternative Options: Consider registered agent addresses, virtual offices, or PO boxes for enhanced privacy and credibility.
  • Long-Term Planning: Develop a sustainable, scalable addressing strategy aligned with business growth and brand values.

What email marketers say
8Marketer opinions

While technically permissible, using an ESP's address for marketing emails under CAN-SPAM is a debated practice. Some sources suggest it's a common temporary solution for small businesses, while others highlight potential risks like technical violations, lack of transparency, and damage to brand trust. Alternatives like registered agent addresses or PO boxes are often recommended for long-term compliance and credibility.

Key opinions

  • Technical Compliance: Using an ESP's address may technically violate CAN-SPAM, which ideally requires the sender's physical address.
  • Enforcement: Enforcement of CAN-SPAM address requirements is rare, primarily targeting large-scale spammers.
  • Temporary Solution: Using an ESP's address is often viewed as a short-term fix for small businesses lacking a physical presence.
  • Brand Impact: Relying on an ESP's address can create a disconnect between the brand and sender, potentially damaging brand trust.
  • Transparency: Using an ESP address may lack transparency and could raise red flags for recipients.

Key considerations

  • Liability: Consider the potential liability associated with using an ESP's address and whether it aligns with long-term business goals.
  • Alternative Addresses: Explore alternative address options like PO boxes, registered agents, or virtual offices to maintain compliance and privacy.
  • Transparency: Prioritize transparency by ensuring the sender's address accurately reflects the business sending the email.
  • Scalability: Evaluate the scalability of the address solution and whether it can accommodate future business growth.
  • Brand Building: Choose an address solution that supports brand building and enhances trust with recipients.
Marketer view

Email marketer from Startup Email Marketing Blog suggests startups prioritize getting a registered agent address instead of leveraging the ESP address. It enhances credibility and demonstrates a commitment to compliance, even if it requires a small investment.

May 2023 - Startup Email Marketing Blog
Marketer view

Email marketer from EmailGeeks Community advises against using an ESP's address due to potential liability and a lack of transparency for recipients. They suggest it's a short-sighted strategy and businesses should prioritize establishing their own physical presence, even if it's a virtual office.

March 2022 - EmailGeeks Community
Marketer view

Email marketer from Reddit shares that while technically CAN-SPAM requires a valid physical address, for small businesses using an ESP, it's common practice (though potentially risky) to use the ESP's address as a temporary solution. They recommend small businesses eventually obtain their own address for compliance and branding purposes.

January 2025 - Reddit
Marketer view

Email marketer from Email Marketing Tips Blog shares that there are alternatives to using a home address, such as using a PO Box or registered agent, which can help protect privacy while still complying with CAN-SPAM. She suggests using the ESP address could also raise flags.

August 2021 - Email Marketing Tips Blog
Marketer view

Email marketer from Email Marketing Forum suggests that using an ESP's address could be a technical violation of CAN-SPAM, as the address should ideally be the sender's. However, they note enforcement is rare, and the FTC is unlikely to pursue small violations when larger spammers are more prevalent.

July 2022 - Email Marketing Forum
Marketer view

Email marketer from Quora suggests that while it is technically permissible, he recommends against using the ESP's physical address as it may cause confusion and a potential disconnect between the brand and the sender. He advocates for transparency.

September 2023 - Quora
Marketer view

Email marketer from Email Geeks shares that a small business is unlikely to be penalized for including an ESP address. Enforcement is minimal and typically targets large companies with significant fines. She thinks the address requirement is outdated and should be replaced by one where it's on the business website.

April 2022 - Email Geeks
Marketer view

Email marketer from Marketing Over Coffee Podcast shares that ESP address as a solution is not a sustainable long-term strategy for building brand trust. You risk being marked as spam due to the sender address vs the brand.

January 2025 - Marketing Over Coffee Podcast

What the experts say
3Expert opinions

Under CAN-SPAM in the US, all commercial marketing emails must include a valid physical address, even for cold outreach. ESPs sometimes include their address by default for smaller senders. While using the ESP's address when they act as a mail drop might be a technical violation, prosecution is unlikely. However, some experts advise against ESPs using their own address, though, as they might interpret the requirement differently based on their involvement in the email's content and targeting.

Key opinions

  • CAN-SPAM Requirement: All commercial emails in the US must have a valid physical address, according to CAN-SPAM.
  • Common Practice: ESPs often include their address by default for smaller senders to ensure compliance.
  • Technical Violation: Using an ESP's address when they act as a mail drop might technically violate CAN-SPAM.
  • Unlikely Prosecution: Prosecution for using the ESP's address in this scenario is considered unlikely.
  • Differing Interpretation: ESPs might interpret the address requirement differently based on their role in content and targeting.

Key considerations

  • Legality: Ensure compliance with CAN-SPAM regulations regarding the inclusion of a physical address in commercial emails.
  • Risk Assessment: Assess the risk of using an ESP's address versus obtaining a separate business address.
  • Transparency: Consider the implications of using an ESP's address on transparency and brand perception.
  • ESP Involvement: Evaluate the ESP's level of involvement in content and targeting to determine the appropriateness of using their address.
  • Long-term Strategy: Develop a long-term strategy for address management that aligns with business growth and compliance requirements.
Expert view

Expert from Email Geeks shares that some ESPs might interpret the requirement to include a physical address in emails differently, depending on their involvement in targeting, content, and lists. He think it's a bad idea for them to use their own address though.

August 2023 - Email Geeks
Expert view

Expert from Word to the Wise, Laura Atkins, responds that under CAN-SPAM, all commercial email in the US must have a postal address, even cold outreach. She also shares some of the history of CAN-SPAM and why it was included.

November 2021 - Word to the Wise
Expert view

Expert from Email Geeks explains that under CAN-SPAM in the US, all commercial marketing emails must have a valid physical address. This applies to various types of emails, including transactional and cold outreach. It's common for ESPs to include this information by default, especially for smaller senders. If an ESP acts as a mail drop for a small business operating from home, using the ESP's address might technically violate CAN-SPAM, but prosecution is unlikely.

August 2024 - Email Geeks

What the documentation says
5Technical articles

CAN-SPAM mandates a valid physical postal address in every marketing email. Acceptable addresses include a current street address, a registered PO Box, or a private mailbox from a commercial mail receiving agency. While the documentation emphasizes the 'organization's' or 'business's' address, it doesn't explicitly forbid using an ESP's address. The main goal is sender identification and providing recipients a contact method. Accuracy and up-to-date information are crucial for compliance.

Key findings

  • CAN-SPAM Requirement: A valid physical postal address is mandatory in all marketing emails under CAN-SPAM.
  • Acceptable Addresses: Acceptable addresses include a current street address, registered PO Box, or a private mailbox from a commercial mail receiving agency.
  • Sender Identification: The primary purpose of the address is to identify the sender of the email.
  • ESP Address Ambiguity: The documentation doesn't explicitly prohibit or permit using an ESP's address.
  • Accuracy & Updates: Ensuring the address is accurate and up-to-date is crucial for compliance.

Key considerations

  • Compliance: Ensure the chosen address complies with all aspects of CAN-SPAM regulations.
  • Sender Identity: Consider how the chosen address reflects the sender's identity and credibility.
  • Recipient Contact: Ensure the address allows recipients to easily contact the sender if needed.
  • Alternative Solutions: Explore alternative address solutions if using a business address is not feasible.
  • Regular Review: Regularly review and update the address information to maintain accuracy and compliance.
Technical article

Documentation from Constant Contact Resource highlights the importance of CAN-SPAM compliance. Their documentation details all aspects including including your business's physical address in every email and how to ensure it's up to date.

July 2022 - Constant Contact Resource
Technical article

Documentation from SocketLabs.com highlights the CAN-SPAM Act requirement for a valid physical postal address in every email. While it doesn't explicitly prohibit using an ESP's address, it implies the address should be that of the business sending the email. Using a PO Box or commercial mail receiving agency address is also acceptable.

December 2023 - SocketLabs.com
Technical article

Documentation from Mailchimp Resource explains that CAN-SPAM requires including your organization's physical mailing address in every marketing email. This helps identify the sender and provides a way for recipients to contact you. They recommend ensuring the address is accurate and up-to-date.

November 2022 - Mailchimp Resource
Technical article

Documentation from FTC.gov explains that CAN-SPAM requires your message to include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

April 2021 - FTC.gov
Technical article

Documentation from Sendinblue.com states that providing a physical mailing address is mandatory under CAN-SPAM. The address must be valid, but can be a current street address, a P.O. box, or a private mailbox obtained from a commercial mail receiving agency. They do not directly address if an ESP address is acceptable.

October 2024 - Sendinblue.com