Is there a legal requirement to keep unsubscribed email addresses for four years under CAN-SPAM?
Summary
What email marketers say7Marketer opinions
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.
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.
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.
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.
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.
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.
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.
What the experts say2Expert opinions
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.
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.
What the documentation says3Technical articles
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.
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.
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.