Is Cold Emailing Illegal? 5 Truths About What's Legal And What's Not

Is cold emailing illegal? When it comes to marketing, there are a lot of gray areas. What is allowed and what is not? Is cold emailing illegal? The answer is complicated.

We will clear up the confusion and discuss what is legal and what is not when it comes to cold emailing. We will also provide tips on how to stay within the law when sending cold emails.

Table Of Contents

-What Is a Cold Email?

-Cold Email vs. Spam

-What Is The CAN-SPAM Act?

-Does The CAN-SPAM Act Apply To Cold Email Senders?

-How To Make Your Cold Emails CAN-SPAM Compliant?

-Conclusion

What Is a Cold Email?

Cold email is a type of email marketing in which businesses send messages to potential customers who have not previously expressed interest in their products or services. Cold emails are often sent in an attempt to generate new leads or sales, and can be considered a form of spamming if they are not done correctly.

When done correctly, cold emailing can be an effective way to reach new customers and grow your business. However, there are a few things you should keep in mind to make sure your cold emails are successful:

1. Do your research: Before you start sending out mass emails, it's important to do your research and target your audience carefully. Make sure you're sending your emails to people who are likely to be interested in what you have to offer.

2. Personalize your emails: Generic, mass-produced emails are more likely to be deleted without being read. To increase the chances of your email being read, make sure to personalize each message and include relevant information about the recipient.

3. Keep it short and sweet: No one wants to read a long, rambling email from a stranger. Keep your cold emails brief and to the point, and include a call-to-action (CTA) that encourages the recipient to learn more about your product or service.

4. Use a professional email address: Using a free email account like Gmail or Yahoo will make you look unprofessional and could lead recipients to believe your email is spam. Instead, use a professional email address that includes your name or your business's name.

5. Use an engaging subject line: The subject line is the first thing recipients will see when they receive your email, so it's important to make it count. Write something eye-catching and interesting that will entice the recipient to open your email.

Cold Email vs. Spam

Is cold emailing illegal? This is a common question, and the answer is not as simple as you might think. So is cold emailing illegal? In order to understand if cold emailing is illegal, we first have to understand what spam is. Spam is defined by the CAN-SPAM Act of 2003 as "unsolicited commercial email."

This means that if you send an email to someone without their permission, and it contains any sort of commercial content (even if you're not selling anything), it could be considered spam. So, now that we know what spam is, let's take a look at cold emailing.

Cold emailing can be defined as sending emails to people who don't know you with the intention of building a relationship. 

These emails are usually sent with the hope of getting a response so that you can eventually sell them something. Because cold emailing is commercial in nature, it would fall under the definition of spam. However, there are a few exceptions to this rule.

First, if you have a personal relationship with the person you're emailing, it's not considered spam. Second, if you've done business with the person before, it's also not considered spam. 

Finally, if you have express permission from the person to email them, it's not considered spam. So, in order for cold emailing to be legal, you need to have either a personal relationship or express permission from the recipient. If you don't have either of those things, your cold email could be considered spam.

Now that you know a little bit more about cold emailing and spam, you can make the decision for yourself whether or not it's something you want to do.

What Is The CAN-SPAM Act?

The CAN-SPAM act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives customers the right to opt out of receiving future commercial messages from a company, and spells out tough penalties for violations.

The CAN-SPAM Act was enacted in 2003 and became effective on January 1, 2004. The FTC's job is to enforce the CAN-SPAM Act. Although the law applies primarily to email, it also covers some types of instant messaging (IM) and text messaging (SMS). 

And, although it doesn't specifically mention mobile apps, the FTC has said that the law applies to them as well.

Here are some key provisions of the law:

• It prohibits false or misleading header information- Your "From," "To," and routing information - including the originating domain name and email address - must be accurate.

• It prohibits deceptive subject lines- The subject line can't mislead recipients about the contents or subject matter of the message.

• It requires that your email give recipients an opt-out method- You must include a return email address or other Internet-based way to allow people to ask you not to send them future emails.

• It prohibits the use of harvested addresses- Email addresses that have been collected through automated means without prior consent are off-limits.

• It prohibits the use of dictionary attacks- This is when spammers use computer programs to generate hundreds or thousands of random email addresses in the hope of finding a few that are live.

• It prohibits email messages with fraudulent or forged headers- These are messages with altered sender information designed to make it look like the email came from somewhere else.

• It prohibits relaying emails through open, third-party servers without permission- This is when spammers send their messages through someone else's mail server without their knowledge or consent.

• It requires that commercial emails be identified as ads- The law gives you leeway in how to do this, but you must tell recipients that your message is an advertisement and explain why they're receiving it.

• It requires that you disclose your location- Your physical address - whether it's a street address, post office box, or just a city and state - must be in your email.

• It prohibits the use of sexual content to promote products or services- This includes using sexually suggestive images, language, or links in your email messages.

• It prohibits the use of false or misleading offers- Your offer can't be too good to be true, and you can't make an offer that you don't intend to honor. For example, you can't offer a free item and then try to charge for it later.

The CAN-SPAM Act also gives email recipients the right to sue companies that violate the law. And, although the law doesn't specifically mention mobile apps, the FTC has said that the law applies to them as well.

So if you're sending commercial emails - or texts, or IMs - make sure you're following the law. Otherwise, you could end up facing some pretty hefty penalties.

Does The CAN-SPAM Act Apply To Cold Email Senders?

The CAN-SPAM act does not explicitly mention cold emailing, but there are a few provisions that could apply. For example, section 301(b) prohibits the use of false or misleading header information. 

This means that your "From" and "Subject" lines must be accurate and not deceptive. Additionally, section 302(c) requires that you include a clear and conspicuous opt-out notice in every email you send. 

This notice must be easy to find, read, and understand, and it must contain a working opt-out link. Finally, section 303(a)(l) prohibits the use of harvested or purchased email lists. So if you're buying or renting a list of contacts to email, you're technically violating the law.

While the CAN-SPAM act doesn't explicitly mention cold emailing, there are a few provisions that could apply. For example, section 301(b) prohibits the use of false or misleading header information. 

This means that your "From" and "Subject" lines must be accurate and not deceptive. Additionally, section 302(c) requires that you include a clear and conspicuous opt-out notice in every email you send. 

This notice must be easy to find, read, and understand, and it must contain a working opt-out link. Finally, section 303(a)(l) prohibits the use of harvested or purchased email lists. So if you're buying or renting a list of contacts to email, you're technically violating the law.

How To Make Your Cold Emails CAN-SPAM Compliant?

In order to comply with the CAN-SPAM Act, your emails must:

Include accurate information about the sender - this means your "From", "To", "Reply-To" and routing information must be correct and identify the person or business who initiated the message.

Identify the message as an advertisement - you can do this by including a label such as "Advertising" or "Promotional Message" in the subject line or at the beginning of the message body.

Tell recipients where they can go to opt out of receiving future email messages from you - your message must include a clear and conspicuous explanation of how the recipient can opt out of getting emails from you in the future.

Honor opt-out requests promptly - once someone asks to stop receiving more emails from you, you can't sell or transfer their email address, even in the form of a mailing list, unless that person later specifically gives you permission to do so.

Monitor what others are doing on your behalf - this applies if you hire another company to handle your email marketing. The law makes clear that even if someone else is sending the messages for you, if they don't follow the rules, YOU CAN be held responsible.

If you're not following these best practices for CAN-SPAM compliance, you could be fined up to $16,000 per email. So it's important to make sure you're doing everything you can to stay compliant.

Conclusion

There's a lot of confusion out there about cold emailing. Some people think it's illegal, while others believe it's perfectly acceptable as long as you're not being spammy. So, what's the truth?

Cold emailing is not illegal. However, there are some best practices you should follow to ensure your emails are well-received and don't end up in the recipient's spam folder.

First, always get permission before sending someone a cold email. This means either having them opt-in to your list or explicitly giving you their consent to contact them.

Second, make sure your emails are relevant and valuable to the recipient. Don't send generic messages that could apply to anyone - take the time to personalize your emails and make them specific to the individual.

Finally, don't be spammy! This means avoiding tactics like buying lists of email addresses or sending out mass emails with no regard for who the recipient is or what they might be interested in.

Following these simple guidelines will ensure that your cold emailing efforts are successful and well-received. So go ahead and start reaching out to those potential customers - just be sure to do it the right way.