Does CAN SPAM apply to individual prospecting emails

Two different people on two different mailing lists asked very similar questions recently. Are people who send individual prospecting emails required to comply with CAN SPAM.
My opinion (not a lawyer, don’t play one on TV, didn’t stay at a Holiday Inn last night) is that CAN SPAM does not mention anything about volume, and any individual unsolicited email that has a “primary purpose” of advertising is required to include a physical postal address and a way to unsubscribe.
My other take on it is for individual prospecting emails failing to comply with CAN SPAM is like speeding. It’s illegal, and you can get in legal trouble by doing it, but everyone does it and few people get caught.

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Spammers are funny

Dear Spammer,
If you are going to send me an email that claims it complies with the Federal CAN SPAM act of 2003, it would be helpful if the mail actually complies with CAN SPAM.
In this case, however, you are sending to an address you’ve harvested off my website. The mail you are sending does not contain a physical postal email address. You’re also forging headers. Both of those things are violations of CAN SPAM. Given you have also harvested the laura-questions@ email from this website, that is treble damages.
Oh, and while we’re at it, you might want to consider your current disclaimer.

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My company sometimes sends mail to our list on behalf of 3rd parties. A recent 3rd party told us that CAN SPAM requires the email contain their opt-out link as well as ours. Is this correct?”

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