Is there a legal requirement to keep unsubscribed email addresses for four years under CAN-SPAM?

Summary

Across expert opinions, marketer insights, and legal documentation, a clear consensus emerges: the CAN-SPAM Act does *not* legally require retaining unsubscribed email addresses for four years. CAN-SPAM primarily mandates honoring opt-out requests promptly (usually within 10 business days) and providing clear unsubscribe mechanisms. The often-cited four-year figure likely stems from internal compliance policies, liability concerns, or other legal considerations beyond CAN-SPAM. A consistent recommendation is to maintain a suppression list to prevent re-mailing unsubscribed contacts, even if long-term data retention isn't practiced.

Key findings

  • No 4-Year Mandate: The CAN-SPAM Act does not mandate retaining unsubscribed email addresses for a period of four years.
  • Prompt Opt-Out Compliance: CAN-SPAM's core requirement is to promptly honor opt-out requests, typically within 10 business days.
  • Suppression Lists are Key: Maintaining a suppression list is widely considered a best practice to avoid re-mailing unsubscribed contacts.
  • Internal/External Drivers: The four-year figure likely arises from internal compliance policies, broader legal considerations, or risk management, rather than CAN-SPAM itself.

Key considerations

  • Assess Liability: Evaluate potential liability and compliance risks associated with data retention practices.
  • Align with Policies: Ensure data retention aligns with internal compliance policies and legal counsel's advice.
  • Suppression List Management: Implement and meticulously maintain a suppression list to prevent accidental re-engagement with unsubscribed users.
  • Comply with CAN-SPAM: Ensure that opt-out mechanisms are clear, accessible, and promptly honored, meeting CAN-SPAM requirements.

What email marketers say
7Marketer opinions

The consensus among email marketers and legal interpretations of the CAN-SPAM Act is that there's no explicit legal requirement to retain unsubscribed email addresses for four years. The act emphasizes honoring opt-out requests promptly, typically within 10 business days. The four-year retention period might stem from internal compliance policies, liability concerns, or other legal considerations outside of CAN-SPAM. Maintaining a suppression list to avoid re-mailing unsubscribed users is considered best practice, even if the data isn't retained long-term.

Key opinions

  • No Legal Mandate: CAN-SPAM Act does not mandate a four-year retention period for unsubscribed email addresses.
  • Prompt Opt-Out: CAN-SPAM Act requires businesses to honor opt-out requests quickly (usually within 10 business days).
  • Suppression Lists: Maintaining suppression lists to avoid re-mailing unsubscribed users is a widely recommended best practice.
  • Internal Policies: A four-year retention policy is likely driven by internal compliance, risk mitigation, or other legal factors beyond CAN-SPAM.

Key considerations

  • Liability: Assess your own liability concerns related to data retention and potential CAN-SPAM violations.
  • Internal Compliance: Align data retention policies with internal compliance requirements and legal advice specific to your organization.
  • Suppression List Management: Implement and maintain a robust suppression list to prevent accidental re-mailing of unsubscribed contacts.
  • Data Privacy: Ensure data retention practices comply with broader data privacy regulations and respect subscriber choices.
Marketer view

Email marketer from Email Geeks confirms 4 years is not a legal requirement and must be an internal requirement. Recommends deletion rather than retention. 4 years seems a long time to store data for someone who doesn't want your emails. If they want to keep it, and there is no privacy policy that this company has published that indicates against this, then leave it be.

October 2023 - Email Geeks
Marketer view

Email marketer from StackExchange explains that there is no regulation about retaining email address from users who have unsubscribed. They highlight it is critical to never re-mail those users. Best practice is to remove the email from active campaigns, but retain on a suppression list.

July 2022 - StackExchange
Marketer view

Email marketer from Campaign Monitor explains that CAN-SPAM focuses on quickly processing unsubscribe requests and not on how long data is retained. They highlight the importance of having clear unsubscribe options and maintaining an updated unsubscribe list.

December 2024 - Campaign Monitor
Marketer view

Email marketer from HubSpot explains that CAN-SPAM requires you to honor opt-out requests promptly. They advise reviewing the CAN-SPAM Act to ensure compliance, which doesn't specify a four-year retention but focuses on honoring unsubscribe requests within 10 business days.

May 2022 - HubSpot
Marketer view

Email marketer from Reddit explains that there is no regulation about retaining email address from users who have unsubscribed. Best practice is to remove the email from active campaigns, but it is useful to keep the email on a suppression list so you don't accidentally add the user to an active campaign.

December 2022 - Reddit
Marketer view

Marketer from Email Geeks shares that the four-year retention isn't a CAN-SPAM requirement but possibly a liability issue, based on the client's advice that holding unsubscribe data for 4 years protects them from CAN-SPAM lawsuits. Ken advises assessing your liability in doing business with this client and handling the data.

April 2022 - Email Geeks
Marketer view

Email marketer from MailerLite shares that while CAN-SPAM doesn't explicitly state a four-year retention period for unsubscribed emails, it is crucial to maintain a suppression list to prevent future emails to those who have opted out. They emphasize respecting subscriber choices and ensuring data privacy.

January 2025 - MailerLite

What the experts say
2Expert opinions

Both experts agree that CAN-SPAM does not legally require keeping unsubscribed email addresses for four years. The regulation focuses on promptly honoring opt-out requests. The four-year period likely originates from internal compliance policies or broader legal considerations. Maintaining a suppression list is recommended as a best practice to prevent accidental re-mailing.

Key opinions

  • No CAN-SPAM Requirement: There is no legal requirement under CAN-SPAM to retain unsubscribed email addresses for four years.
  • Honor Opt-Outs Promptly: CAN-SPAM focuses on honoring opt-out requests in a timely manner.
  • Internal Compliance or Other Laws: The four-year retention period may be driven by internal policies or other legal considerations outside of CAN-SPAM.
  • Suppression List Recommended: Maintaining a suppression list is recommended to prevent re-mailing unsubscribed users.

Key considerations

  • Compliance Policies: Review and align data retention policies with internal compliance and legal advice.
  • Legal Considerations: Consider potential liability and other legal implications for your organization.
  • Suppression List: Implement and maintain an effective suppression list management process.
Expert view

Expert from Word to the Wise responds that CAN-SPAM dictates honoring opt-out requests promptly, but doesn't specify a required retention period for unsubscribed addresses. They suggest that the four-year figure might stem from internal compliance policies or other legal considerations beyond CAN-SPAM itself.

July 2021 - Word to the Wise
Expert view

Expert from Email Geeks explains that keeping unsubscribes for four years is not a CAN-SPAM requirement and might conflict with data deletion requests. Al suggests the client might be trying to prevent accidental remailing of an opt-out, which can be handled with a delete instead of a suppression list. He advises ignoring it unless it affects a specific workflow.

August 2024 - Email Geeks

What the documentation says
3Technical articles

Legal documentation consistently indicates that the CAN-SPAM Act doesn't mandate a four-year retention period for unsubscribed email addresses. The primary focus of CAN-SPAM is to ensure that businesses honor opt-out requests promptly, typically within 10 business days, and provide clear mechanisms for recipients to unsubscribe from future mailings.

Key findings

  • No Retention Mandate: CAN-SPAM Act does not require retaining unsubscribed email addresses for four years.
  • Focus on Opt-Out: The Act emphasizes honoring opt-out requests within 10 business days.
  • Clear Unsubscribe Method: Businesses must provide a clear and conspicuous method for recipients to unsubscribe.

Key considerations

  • Compliance with CAN-SPAM: Ensure your email marketing practices comply with CAN-SPAM's requirements for honoring opt-out requests and providing unsubscribe mechanisms.
  • Data Retention Policies: Develop data retention policies that align with your business needs while respecting user privacy and adhering to all applicable laws.
  • Prompt Opt-Out Processing: Establish processes to promptly process and honor unsubscribe requests to avoid legal penalties.
Technical article

Documentation from FTC explains that the CAN-SPAM Act requires businesses to honor opt-out requests within 10 business days and provides mechanisms for recipients to unsubscribe from future mailings. It does not specify a data retention period of four years for unsubscribed email addresses.

December 2023 - FTC.gov
Technical article

Documentation from Termly explains that CAN-SPAM mandates a clear and conspicuous method for recipients to opt out of receiving future emails. They note that while CAN-SPAM doesn't specify a retention period for unsubscribed emails, it requires honoring opt-out requests promptly to avoid legal penalties.

May 2021 - Termly
Technical article

Documentation from US Law Collection explains that the CAN-SPAM Act 2003, 15 U.S.C. §§ 7701-7713 focuses on regulating commercial email and securing consumers right to stop unwanted marketing emails. It does not mandate a four-year retention for unsubscribe requests, but stipulates the need to cease communication promptly.

February 2022 - US Law Collection