CAN-SPAM Act
The CAN-SPAM Act is the US federal law governing commercial email — requiring identification of email as advertising, accurate sender information, valid postal address, and functional opt-out mechanism — applying to all B2B marketing email including cold outreach.
Why This Matters
CAN-SPAM applies to all commercial email regardless of B2B or B2C context. Key requirements: don't use false or misleading header information, don't use deceptive subject lines, identify the message as an advertisement, include valid postal address, provide clear opt-out method, honor opt-out requests within 10 business days, and monitor third parties acting on your behalf. Violations carry penalties up to $51,744 per email (2024 figure). Unlike GDPR or CASL (Canada's anti-spam law), CAN-SPAM permits cold B2B outreach without prior consent — the law focuses on disclosure and opt-out rights rather than opt-in consent requirements.
Frequently Asked Questions
Frequently Asked Questions
Does CAN-SPAM allow cold B2B email?
Yes — CAN-SPAM permits commercial email without prior consent (unlike GDPR or CASL) provided you comply with disclosure, identification, postal address, and opt-out requirements. Cold B2B email outreach is legal under CAN-SPAM when properly structured with valid sender info, identification as commercial, and functional unsubscribe mechanism.
What's the penalty for CAN-SPAM violations?
Up to $51,744 per email (2024 inflation-adjusted maximum). FTC enforcement actions have produced multi-million dollar settlements against major violators. Aggregated penalties can reach significant amounts even for moderate-volume operations with systemic compliance failures.