Reaching out to prospects to sell your products or services is legal in the USA, but with conditions. And it is extremely important to follow those conditions.

Cold Emails That are Legal

In the USA, it’s easier to send cold emails to anyone, businesses and consumers alike, than it is in Canada or Europe. However, there are some very strict rules spelled out by the FTC (Federal Trade Commission). If you decide you follow your own set of rules and ignore theirs, the fines start at $43,792. You can buy a house for that amount in some states. Don’t be a fool, follow the rules.

Here are some of the rules you must follow.

Avoid Misleading Subject Lines

Clickbait, incorrect, lacking in true information in the subject line is going to get you fined. Make sure your subject lines accurately represent what your email is about.

Use a Correct Domain as the Sender

Anything in your header like the from, to and reply to information must be true. Make sure the domain name used in these areas is really your business.

Present Your Email as an Ad

Using trickery to get them to contact you under false pretenses is a crime. Honestly represent your advertisement.

Include Your Address

Your physical address of your company must be in the email somewhere. Most companies have a bunch of fine print on the bottom of the email templates that includes all that type of contact information.

Include an Opt-Out Link

You must have a way for the recipient to easily opt-out of your mailing list. It must be clearly marked in the email.

Monitor Your Sending Service

In the event you’re using a service to send your marketing emails, you are responsible for what they are doing. Make sure they are mailing legally. You’ll get the fines if they are not.

Make it Easy to Send Cold Emails

The best way to make it easy on yourself and comply with CAN-SPAM laws, is to use a CRM or other email marketing software. They have protections built into the software to show you what you need to do to comply with the law. It isn’t possible to cover everything, but they check your configuration and suggest including your address, unsubscribe, etc.

Most email marketing software services do not allow cold emails to be sent, because it hurts their reputation on the Internet. There are a few that do, however. is one of those companies.

At Crumple Group, we write cold email marketing campaigns all the time for B2B and B2C campaigns. You never have to resort to trickery to run an effective cold campaign. Using proper marketing techniques is a comfortable and interesting read for the potential customers. We developed a specially designed marketing technique that gets great results. Contact us when you want to introduce new customers to your brand.

For more information check the FTC’s website. They have detailed explanations on their rules and a Q&A section.

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