Complying with the CAN-SPAM Act is not just about avoiding fines—it's about building trust with your B2B audience. This guide breaks down everything you need to know to ensure your cold email campaigns remain legal, respectful, and effective. From mandatory information to unsubscribe rules and enforcement risks, we cover it all.
1. What Is the CAN-SPAM Act and Why It Matters
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) is a US federal law passed in 2003 that sets the rules for commercial emails. It applies to any business sending promotional emails to US recipients—regardless of where the sender is located.
👉 Key point: Even if you're based outside the US, if you're emailing US businesses, you must comply.
2. Required Elements in Every B2B Email
To stay compliant, each email must include:
A clear and accurate "From" name and email address
A non-deceptive subject line
A physical postal address of your business
A clear opt-out/unsubscribe link
Leaving out any of these can put you at risk of enforcement actions.
👉 Tip: Using professional cold email tools helps ensure these fields are properly included.
3. How to Offer a Clear and Easy Unsubscribe Option
The law requires that recipients can opt out easily—and permanently. Your unsubscribe link must be visible and simple to use (no login required). Once a recipient unsubscribes, you must honor the request within 10 business days.
👉 Best practice: Use one-click unsubscribe links and keep your suppression list updated.
4. What You Can and Cannot Do with Purchased Email Lists
Contrary to popular belief, you can use purchased B2B email lists—as long as they're accurate and responsibly sourced. The CAN-SPAM Act does not prohibit sending cold emails to businesses, but it does regulate how you do it.
✅ You can: email professionals for commercial purposes.
🚫 You cannot: mislead, spam repeatedly, or ignore opt-out requests.
👉 Important: Make sure the list is up-to-date and targeted. Don't use scraped or outdated data.
5. Penalties and Enforcement: What Happens If You Ignore It?
Violating the CAN-SPAM Act can cost your business up to $51,744 per email. While enforcement is rare for small senders, the FTC has taken action against companies that knowingly break the rules or fail to honor unsubscribes.
👉 Risk management tip: Document opt-outs, store email proofs, and use compliant tools to reduce legal exposure.
🔚 Conclusion
CAN-SPAM compliance isn't just a legal checkbox—it's a best practice for any serious email marketer. By respecting your recipients' rights, offering transparency, and providing opt-out options, you build long-term trust and protect your brand. And in a world of increasing regulation, being compliant now gives you an edge tomorrow.
