Is cold email legal in the US? CAN-SPAM explained
Short answer: yes. In the United States, B2B cold email is permitted on an opt-out basis under the CAN-SPAM Act — you do not need prior consent. But you must follow the rules, and penalties for breaking them are high.
Note: This is general information, not legal advice. Rules can change and depend on your case — check with a lawyer if in doubt.
What CAN-SPAM requires
- Accurate header and sender information — no misleading "From", "To" or routing.
- An honest, non-deceptive subject line.
- Identify the message as an advertisement.
- A valid physical postal address in the email.
- A clear, working way to opt out — honoured within 10 business days.
Penalties
Under the FTC's inflation-adjusted civil penalty schedule, each separate email in violation of CAN-SPAM can carry a penalty of up to $53,088 (16 CFR 1.98, as adjusted for 2024). The amount is adjusted annually, so check the current figure before relying on it.
How leads2mail helps
- Sends from your own domain — accurate sender details.
- An unsubscribe link in every email, with automatic suppression of anyone who opts out.
- Plain-text business email; you add your physical postal address once.