Retaileads

Guide

How to cold email local businesses legally

In the United States, B2B cold email is legal under the CAN-SPAM Act, as long as you follow its rules. Here they are in plain English, plus the practices that keep your emails out of spam folders.

This is general information, not legal advice. Laws change and differ by country. Talk to a lawyer about your specific situation.

The CAN-SPAM essentials

The Federal Trade Commission enforces the CAN-SPAM Act, which applies to all commercial email, business-to-business included. It does not require prior consent. It does require you to:

  1. Use accurate header information. Your From, To, Reply-To and routing information must identify you or your business.
  2. Write honest subject lines. The subject must reflect what the message is about.
  3. Identify the message as an ad. Make it clear that the email is a commercial message.
  4. Include your physical address. A valid postal address: a street address, a PO box, or a registered private mailbox.
  5. Explain how to opt out. Give a clear, easy way to stop future emails, such as a reply or a link.
  6. Honor opt-outs promptly. Within 10 business days, without charging a fee or asking for more than an email address.
  7. Watch your vendors. If an agency or tool sends on your behalf, you are still responsible for compliance.

Each email that breaks the rules can bring a separate penalty, so get these right before you send at volume. The FTC's CAN-SPAM compliance guide is the authoritative source.

Outside the United States

Other jurisdictions are stricter. Canada's CASL, the EU's GDPR and ePrivacy rules, and the UK's PECR all restrict unsolicited commercial email in ways CAN-SPAM does not. Retaileads covers US businesses only.

Deliverability: staying out of spam

Being legal is the floor. Being delivered takes more:

Compliance FAQ

Is cold email to businesses legal in the US?

Yes. The CAN-SPAM Act does not require prior consent for commercial email. It requires honest headers and subject lines, identification as an ad, a valid postal address, and a working opt-out honored within 10 business days.

Do I need consent to email a business address I found publicly?

Not under US federal law, provided you follow CAN-SPAM. Canada (CASL), the EU and the UK have stricter consent rules, so check before emailing businesses outside the US.

What happens if someone asks to unsubscribe?

Stop emailing them within 10 business days, do not charge them or ask for more than an email address to opt out, and never sell or transfer their address.

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