The Quiet Legal Risk Hiding in Your Emails
Most people don’t think of email as risky.
It sends.
It opens.
It “works.”
So nobody looks too closely at the footer.
But here’s a gotcha:
If your emails don’t include a physical mailing address and a working unsubscribe link, you may already be out of compliance.
In the U.S., that’s CAN-SPAM.
And its intent is simple:
> Be clear about who you are
> Don’t deceive recipients
> Make it easy to opt out
To comply, every commercial email must include:
> A valid physical postal address
> A clear, functioning unsubscribe mechanism
> Honest sender and subject information
Miss those, and it’s not a “best practice” issue.
It’s a legal one.
The penalties aren’t theoretical either.
Fines can be tens of thousands of dollars per email in violation.
Now layer in geography.
If you have subscribers in:
the EU => GDPR
Canada => CASL
other regions => their own variations
Different rules.
Different thresholds.
Same outcome if you ignore them.
This is where people get tripped up.
They assume:
“My ESP handles that.”
“I set this up once.”
“It’s just a broadcast.”
But emails drift.
Templates get duplicated.
Automations get edited.
Old sequences get reactivated.
I was in one funnel building tool that didn't add it automatically and didn't know for months..
Everything still sends.
But it ain't right..
Or worse.. until deliverability tanks, domains get flagged, or a complaint forces a closer look.
Email compliance isn’t a legal problem.
It’s a systems problem.
If you’re sending at scale, you don’t want to hope every email is compliant.
You want to know.
Because this is one of those things that feels boring…
right up until it’s expensive.
🚀
- James
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James Curran
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The Quiet Legal Risk Hiding in Your Emails
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