What Is the CAN-SPAM Act?
The CAN-SPAM Act is a United States law that sets the rules for sending commercial email to people in the US. It applies if your recipients are in the US, even if you are not.
It is an opt-out law. You generally do not need prior consent to send a commercial email, but you must follow strict rules and stop when someone opts out.
This is practical guidance, not legal advice.
The permission myth
Many beginners think cold email is illegal without permission in the US.
Under CAN-SPAM, the bigger point is:
- You can start the conversation
- You cannot deceive people
- You must give an easy way to opt out and honor it quickly
The rules you must follow
1) Use a real identity
Your From name, From email, and domain must be truthful and accurate.
Bad
- Fake names
- Pretending to be another company
Good
- Your real name
- A domain you own
2) Use honest subject lines
Your subject line must match the content of the email.
Bad
- Fake invoices
- Fake meetings
- Fake urgency
If the subject is misleading, it is illegal.
3) Include a valid physical postal address
Every commercial email must include a real mailing address in the footer.
Options include:
- Office address
- Home address
- PO box
4) Include a clear opt out method
You must clearly explain how someone can stop future emails.
Valid options:
- An unsubscribe link
- A line like Reply STOP to opt out
5) Make opting out easy
Opting out must be simple.
Not allowed:
- Login requirements
- Surveys
- Multiple steps
Best practice is one step only.
6) Honor opt outs within 10 business days
If someone opts out, you must stop sending them within 10 business days. Most modern tools can do this automatically.
7) You are still responsible if you outsource
If you hire an agency, use a contractor, or run through a vendor, you can still be held responsible for violations.
What happens if you break the rules
Penalties can be severe.
Each separate violating email can potentially carry fines that exceed 50,000 dollars.
How to stay safe in practice
A simple checklist that covers the basics:
- Use a real sender name and domain
- Keep subject lines plain and truthful
- Add your physical address in the footer
- Add a one step opt out option
- Remove opt outs immediately
- Stop outreach when someone says not interested
In summary
CAN-SPAM allows cold email, but it does not allow deception.
- Be honest
- Use real details
- Give people a clear way out
- Stop quickly when asked
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