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    Is cold email legal?

    By Joshua at SunMatch Advisors · Updated · 3 min read

    Does CAN-SPAM cover B2B email?

    Yes. The FTC's guide says the law "makes no exception for business-to-business email." If the main purpose of an email is to advertise or promote a product or service, it's a commercial message and the rules apply. Emails that complete a deal someone already agreed to, or update an existing customer about their account, are treated differently.

    The rules, in plain English

    1. Be honest about who it's from. The From, To and Reply-To lines have to be accurate and identify the person or business sending it.
    2. Use an honest subject line. It has to reflect what's actually in the email. A fake "Re:" on a first email is the classic mistake.
    3. Make clear it's an ad. The FTC gives you "a lot of leeway" in how you do this, but a commercial email has to disclose clearly that it's an advertisement.
    4. Include your postal address. A current street address, a P.O. box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency.
    5. Tell people how to opt out. Make it clear and easy. You can't charge a fee, ask for anything beyond an email address, or make people do more than reply or visit one page.
    6. Honor opt-outs fast. Within 10 business days, and your opt-out has to keep working for at least 30 days after you send. Once someone opts out, you can't sell or hand over their address, except to a company helping you comply.
    7. Watch anyone who sends for you. If you hire an agency, both your company and the sender can be held responsible. You can't hand off the legal risk with the work.

    What happens if you get it wrong?

    Each email that breaks the law can bring a penalty of up to $53,088, according to the FTC. That's per email, so a careless campaign gets expensive fast. The FTC's guide is short and worth reading in full.

    Outside the U.S.

    CAN-SPAM is a U.S. law. Other countries have their own rules. Canada's anti-spam law (CASL) is built around consent, so check it before you email Canadian companies, and the UK and EU have their own rules too. This guide covers the U.S. only.

    How we handle it

    Every email we send comes from a real person, with an honest subject line, a mailing address and a one-line way to say no. We email published business addresses only. When someone says no, they get a polite one-line reply and we never email them again. See how our cold email outreach works, or grab our B2B cold email templates, which build these rules in.