Cold Email Compliance: CAN-SPAM Requirements You Must Follow

CAN-SPAM is the primary US law governing commercial email. Here is what cold emailers must comply with. Requirement 1: No deceptive headers Your "From," "To," and "Reply-To" fields must be accurate. You cannot impersonate someone else or use a misleading sender name. Requirement 2: No deceptive subject lines Your subject line must relate to the content of the email. "Re: Our meeting" when there was no meeting is deceptive. "Quick question about {{company}}" when you have a genuine question is fine. Requirement 3: Identification as advertising CAN-SPAM technically requires that commercial email be identified as advertising, but this requirement is interpreted loosely for B2B cold email. As long as your email is not deceptive about its nature, you generally comply. Requirement 4: Physical address Include a valid physical postal address in your email. This can be in your signature or at the bottom of the email. A PO Box is acceptable. Requirement 5: Opt-out mechanism Every email must include a clear way for the recipient to opt out of future emails. This can be an unsubscribe link or a simple text instruction like "Reply 'unsubscribe' to be removed." Requirement 6: Honor opt-outs promptly You must honor opt-out requests within 10 business days. Best practice is within 24 hours. Requirement 7: Monitor third-party compliance If you hire an agency or contractor to send cold email on your behalf, you are still responsible for compliance. Ensure your providers follow CAN-SPAM requirements.

Penalties

CAN-SPAM violations can result in fines up to $50,120 per email. Compliance is non-negotiable.