CAN-SPAM
Definition
CAN-SPAM is the 2003 US federal law on commercial email. It permits unsolicited email to business addresses if the sender is identified, the subject line is truthful, a postal address is included, and opt-outs are honored within ten business days.
CAN-SPAM is the 2003 US federal law on commercial email. It permits unsolicited email to business addresses if the sender is identified, the subject line is truthful, a postal address is included, and opt-outs are honored within ten business days.
The thing most people get wrong is thinking CAN-SPAM requires consent. It doesn't. It's an opt-out law, not an opt-in law, which is why cold email to businesses is legal in the US. Canada's CASL and the EU's GDPR are opt-in regimes and much stricter, so a program that emails Canadian or European addresses needs different rules.
The requirements are specific. Say who the email is from, in the header and the body. Don't use a deceptive subject line. Include a valid physical postal address. Give the recipient a way to opt out, and honor it within ten business days. Don't email anyone who opted out. Violations carry penalties that run to over $50,000 per email.
An example
A cold email from a named rep, with an honest subject line about the recipient's permit, the company's street address in the signature, and a line saying "reply with 'no thanks' and you won't hear from us again," honored the same day, complies. The same email with a subject line reading "Re: our call" when there was no call doesn't.
Where to read more
Our full article on the legality of cold email covers CAN-SPAM, CASL, and GDPR in detail. The short version: business addresses in the US, with the four requirements met, are fine.
Related terms
Cold email · Spam complaint rate · Email deliverability · Cold email sequence
If you want this run for you, see our cold email agency.
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