General information, not legal advice.
Definition
The CAN-SPAM Act is a US law that sets rules for commercial email messages, including business-to-business email. It doesn't ban unsolicited email, but it sets requirements and penalties.
Main requirements
- No false or misleading header information — "From", "To" and routing must be accurate.
- No deceptive subject lines — the subject must reflect the content.
- Identify the message as an ad where required.
- Include a valid physical postal address.
- Tell recipients how to opt out, clearly.
- Honour opt-outs promptly (within a set number of business days) and don't make opting out difficult.
- You're responsible even if you hire someone else to send for you.
Practical checklist for cold email
- real name and company in the "From"
- honest subject line
- your business address in the footer or signature
- a simple opt-out ("reply 'no' and I won't email again")
- a suppression list you check before every campaign
Other countries
The UK and EU have different, often stricter rules (GDPR, PECR), and so do Canada (CASL) and others. Check the rules where your recipients are. See GDPR and B2B cold email.
Example
A compliant cold email signature: "Dan Reyes, Northside Web, 123 Main St, Denver CO — reply 'no' and I won't email again." Combined with an honest subject and sender, that covers the basics.
Key takeaways
- CAN-SPAM applies to commercial email in the US, including B2B.
- Honest headers and subjects, an address and an opt-out are required.
- Other countries have their own rules.