What is CAN-SPAM and How Does It Affect Cold Emailing?
The CAN-SPAM Act is a U.S. law that governs all commercial emails, not just bulk emails. It applies to any email promoting a product or service, including business-to-business messages. Non-compliance can result in penalties of up to $51,744 per email, so understanding and following the rules is crucial.
Here’s a breakdown of the key CAN-SPAM requirements:
Accurate Information: Your "From," "To," "Reply-To," and subject lines must accurately represent who you are and what your email is about. Misleading or false information is prohibited.
Identify as an Advertisement: Clearly disclose that your email is an ad. You have flexibility in how you do this, but it must be clear to the recipient.
Provide Your Location: Include your valid physical postal address in the email. This could be your office address, a registered P.O. Box, or a private mailbox.
Opt-Out Option: Every marketing email must have a clear and easy way for recipients to unsubscribe. You must honor opt-out requests within 10 business days and ensure the process is straightforward, without charging a fee or asking for more information than necessary.
Monitor Compliance: Even if you outsource your email marketing, you are still responsible for ensuring that your emails comply with CAN-SPAM.
Provide a Valid Physical Address: The sender’s physical address must be included in the email.
Impact on Cold Emailing: When sending cold emails, you must comply with CAN-SPAM by providing clear opt-out options, avoiding deceptive practices, and including your physical address. Failure to comply can result in penalties.
Following these guidelines helps you avoid costly penalties and ensures that your cold emailing practices are compliant with the law.