From Edie: Kate Huff shares the CAN-SPAM requirements every author should know, including email list permissions, unsubscribe rules, and newsletter compliance best practices.
Author Newsletter Legal Requirements: What Every Writer Needs to Know About CAN-SPAM Compliance
by Kate Huff @KateOliviaHuff
Most authors don't start writing because they love marketing. In fact, if you're anything like me, the business side of being an author came as a bit of a surprise. There's always a new list of things to learn, tools to try, and rules to follow.
Here's what I've found to be true: you don't have to do it all, and you don't have to know it all. What matters is finding people you trust in the lanes that aren't yours—and listening to them.
That's exactly what I did when newsletters became my lane. I signed up for dozens of them. I listened to podcasts, read blog posts, and followed industry leaders consistently. And the more I learned, the more I realized that one of the most important and most overlooked parts of email marketing is simply staying legal.
That's what this post is about.
The Big Law ALL Authors Need to Know: CAN-SPAM
NOTE: This post is NOT intended as legal advice.
In the United States, commercial emails are governed by the CAN-SPAM Act. Even if you're a one-person author business—and if you're writing, you are a one-person author business—these rules apply to you.
The penalties for non-compliance are significant. Each individual email that violates the law can carry a fine of up to $53,088. That's not per campaign. That's per email.
The good news? Compliance isn't complicated. Here's a clear breakdown of the dos and don'ts every author needs to know.
The Legal DOs
1. DO Provide a Clear Opt-Out
Every commercial email must include a clearly labeled unsubscribe option. Most people look for it in the footer—that's a good place for it. Most email service providers (ESPs) add this automatically, but it's worth double-checking that it's visible and working.
Why does it matter?
- Readers have the legal right to opt out at any time
- A simple, obvious process helps you avoid being marked as spam
- Spam complaints can seriously damage deliverability for your entire list
2. DO Honor Unsubscribe Requests Promptly
Under CAN-SPAM, you have 10 business days to process an opt-out request. If you use an ESP like MailerLite or Kit, this typically happens instantly—but it's smart to verify.
Once someone unsubscribes:
- Remove them from future marketing emails
- Don't re-add them without their express permission—they can always choose to resubscribe on their own
- Make the process simple. No hoops. No hidden links.
3. DO Include a Physical Mailing Address
Every commercial email must include a valid postal address. I know—most of us aren't thrilled about putting our home address in a newsletter footer. The good news is you have options:
- A business address
- A USPS-registered P.O. Box
- A private mailbox through a commercial mail-receiving agency
4. DO Use Accurate "From" Information
Your subscribers should immediately recognize who the email is from. Use clear, honest sender information—your name, your author name, or your brand. No misleading display names, no fake domains.
Examples using my name:
- Kate Olivia Huff
- Kate Huff, Newsletter Specialist
- Newsletters Made Simple by Kate
Hint: Using your LLC name isn’t helpful because most people don’t recognize it! Use the name that’s on your website or book.
5. DO Write Honest Subject Lines
Your subject line must accurately reflect what's inside the email. Beyond the legal requirement, misleading subject lines erode trust—and trust is more valuable than any temporary bump in open rates.
Good examples:
- New Release Announcement
- Here's a sneak peek at what I've been working on
Examples to avoid:
- URGENT: Information needed
- You're a winner! (when they didn't win anything)
6. DO Identify Your Email as an Advertisement
This one surprises a lot of authors. The CAN-SPAM Act requires that commercial emails be identified as advertising. Your ESP's formatting and footer often helps with this, but it's worth knowing the requirement exists.
7. DO Keep Records of How People Joined Your List
Save evidence of consent wherever possible. This isn't a strict legal requirement under CAN-SPAM (which is opt-out, not opt-in), but it's a smart practice. Especially if you ever need to verify your list is clean.
Good records to keep:
- Sign-up form screenshots or confirmations
- Lead magnet registrations
- Event or conference sign-ups
- Purchase opt-ins
A solid tagging system in your ESP can help you track where subscribers come from—which is especially useful when you're running ads.
The Legal DON'Ts
1. Don't Buy Email Lists
Purchased lists create a cascade of problems:
- Poor engagement
- High spam complaint rates
- Deliverability issues
- Potential legal exposure
Building your list through legitimate means takes longer, but the subscribers you earn are the ones who will actually open your emails, buy your books, and become long-term fans.
2. Don't Add People Without Their Consent
Just because someone:
- Bought your book
- Handed you a business card at a conference
- Followed you on social media
…doesn't mean they've opted into your newsletter. I see this one come up a lot after conferences, when authors are eager to grow their lists quickly. Save yourself the time and the headache. Only add people who have actively signed up. Feel free to send them a quick email to remind them who you are, where you met, and include your signup link asking them to signup for your newsletter.
3. Don't Hide the Unsubscribe Link
Never make the opt-out difficult to find. That means:
- No tiny, barely visible text
- No color that blends into the background
- No multi-step process to leave
Make it easy. Readers who want off your list are not your audience. And making them work for it only increases the chance they'll mark you as spam instead.
4. Don't Keep Mailing People Who Opted Out
Once someone unsubscribes, respect it immediately. Don't manually re-add them. And if you're uploading an older list, always check it against your suppression records first.
If you use an ESP, they typically track unsubscribes automatically—but when importing old lists from outside the platform, that step is easy to miss.
A Special Note: Not All Emails Are Created Equal
Not every email you send is a marketing email under the law. Transactional emails—things like purchase receipts, download links, event confirmations, or account updates—are treated differently because they relate to an existing transaction.
Your author newsletter, however, is a marketing email. I know. The term can feel a little icky. But remember: as an author, you're a small business owner, and your newsletter is part of your business communication. CAN-SPAM requirements apply.
Best Practices Beyond the Law
The law sets the floor. Good newsletter practice goes much higher. A few things to keep in mind:
- Only email people who genuinely want to hear from you
- Send consistently—at least once a month keeps you top of mind
- Make unsubscribing easy (this actually improves your list quality)
- Provide value in every email
- Clean inactive subscribers regularly
- Treat your list like a community, not a sales channel
That last one is the one I come back to most often. When you approach your newsletter as a place to build real relationships, compliance becomes the least of your worries—because you're already doing right by your readers.
Do you have questions about CAN-SPAM compliance or newsletter best practices? (Remember, I'm not a lawyer and none of this should be considered legal advice!) Drop them in the comments—I'd love to help!
TWEETABLE
Kate works as a freelance content writer and newsletter specialist. She has over twenty years of experience crafting content, specifically newsletters, across diverse sectors, including non-profits, sales, and fundraising. She helps authors and entrepreneurs create compelling newsletters that connect with their audiences and offers tailored content creation services, as well as training on how to build newsletters and grow subscriber bases.
You can find her at WWW.KATEOLIVIAHUFF.COM or on most socials as @kateoliviahuff. Sign up for Newsletters Made Simple for Authors at HTTPS://REBRAND.LY/NEWSLETTERS-MADE-SIMPLEfor simple tips to take your newsletter from good to great!
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