16 CFR § 316.5 - Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out.
---
identifier: "/us/cfr/t16/s316.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "16 CFR § 316.5 - Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out."
title_number: 16
title_name: "Commercial Practices"
section_number: "316.5"
section_name: "Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out."
chapter_name: "FEDERAL TRADE COMMISSION"
subchapter_number: "C"
subchapter_name: "REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS"
part_number: "316"
part_name: "CAN-SPAM RULE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 7701-7713."
regulatory_source: "73 FR 29677, May 21, 2008, unless otherwise noted."
cfr_part: "316"
---
# 316.5 Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out.
Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any information other than the recipient's electronic mail address and opt-out preferences, or take any other steps except sending a reply electronic mail message or visiting a single Internet Web page, in order to:
(a) Use a return electronic mail address or other Internet-based mechanism, required by 15 U.S.C. 7704(a)(3), to submit a request not to receive future commercial electronic mail messages from a sender; or
(b) Have such a request honored as required by 15 U.S.C. 7704(a)(3)(B) and (a)(4).