Is B2B cold email legal in the US?
Last updated
Yes. In the US, B2B cold email is legal without prior consent, as long as it follows the CAN-SPAM Act. That means accurate sender and routing information, a subject line that isn't deceptive, a valid postal address, a clear way to opt out, and honoring opt-outs within 10 business days. CAN-SPAM has no exception for business-to-business email.
What CAN-SPAM requires
- Don't use false or misleading header information.
- Don't use deceptive subject lines.
- Identify the message as an ad, where that applies.
- Include a valid physical postal address.
- Tell recipients how to opt out, and honor opt-outs within 10 business days.
- Monitor what others do on your behalf. Both the business being promoted and the sender can be held responsible.
What it doesn't cover
State laws, the rules of email providers, and laws in other countries (for example, the EU and Canada have stricter consent rules). That's one reason FunnelIQ contacts US businesses only.
This isn't legal advice.
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Questions people ask
Is B2B cold email legal if the person never opted in?
Yes, in the US, when the email follows the CAN-SPAM Act. CAN-SPAM has no exception for business-to-business email.
What does a legal cold email have to include?
Accurate sender and routing information, a subject line that isn't deceptive, a valid postal address, a clear way to opt out, and opt-outs honored within 10 business days.
Do other countries use the same rule?
No. State laws, mailbox-provider rules, and laws in other countries can be stricter. FunnelIQ contacts US businesses only. This isn't legal advice.