Definition
A US federal law governing commercial email, requiring accurate sender details, a clear physical address, a working unsubscribe link, and non-deceptive subject lines.
Unlike some other regions, the US doesn't require prior opt-in for B2B cold email, which is what makes cold outreach legally viable there in the first place. But every message still needs an honest 'From' line and a real way to opt out, and violations carry real financial penalties per email.
Frequently asked questions
What is the CAN-SPAM Act?
The CAN-SPAM Act is a US federal law, passed in 2003, that sets rules for commercial email. It requires accurate sender details, non-deceptive subject lines, a valid physical postal address, a clear way to opt out, and honouring opt-out requests promptly. It covers business-to-business email as well as consumer email.
Does CAN-SPAM allow cold email?
Yes. CAN-SPAM does not require prior consent, so cold email to US business contacts is legal as long as every message follows its rules: honest sender details and subject line, a physical postal address, a working unsubscribe option, and opt-out requests honoured within 10 business days.
What are the penalties for violating CAN-SPAM?
Each email that violates CAN-SPAM can bring a separate civil penalty, and the US Federal Trade Commission adjusts the maximum for inflation every year, putting it above $50,000 per email. Both the company whose product is promoted and the company that actually sent the email can be held responsible.
Where this comes from
Read: Cold Email Compliance: CAN-SPAM, GDPR & DPDP