Cold email compliance basics (CAN-SPAM) for freelancers
A plain-English overview of the main CAN-SPAM rules for US commercial email and what they mean for freelancers sending cold outreach. Not legal advice.
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The short answer
In the US, the CAN-SPAM Act allows commercial email to businesses without prior consent, but every message must have accurate headers and subject lines, identify itself as an ad, include a valid physical postal address, offer a clear way to opt out, and honour opt-outs promptly. Rules elsewhere, such as in the UK, EU and Canada, can be stricter, so check the rules where your recipients are.
Key takeaways
- US law allows cold commercial email to businesses without prior consent, within its rules.
- Every message needs accurate headers, an honest subject, a postal address and an opt-out.
- Honour opt-outs within 10 business days, and check stricter rules outside the US.
What CAN-SPAM covers
CAN-SPAM is a US federal law that sets rules for commercial email, meaning messages whose main purpose is to advertise or promote a product or service. It applies to business-to-business email as well as email to consumers, so a freelancer pitching services to a company is covered.
It is an opt-out law: you do not need permission before the first email, but you must follow its requirements in every message and stop when asked. The US Federal Trade Commission (FTC) publishes a compliance guide for businesses that is worth reading in full.
The core requirements
The FTC summarises the main requirements roughly as follows.
Step 1: Do not use false or misleading header information
The From, To, Reply-To and routing information must be accurate and identify the person or business sending the message.
Step 2: Do not use deceptive subject lines
The subject line must accurately reflect the content of the message.
Step 3: Identify the message as an ad
The message must disclose clearly that it is an advertisement or solicitation. The law gives some flexibility in how you do this.
Step 4: Tell recipients where you are located
Include a valid physical postal address. This can be a street address, a post office box registered with the postal service, or a private mailbox registered with a commercial mail receiving agency.
Step 5: Tell recipients how to opt out
Provide a clear, conspicuous way to opt out of future email from you, such as a reply instruction or a working unsubscribe link.
Step 6: Honour opt-outs promptly
Process opt-out requests within 10 business days. You cannot charge a fee, ask for more than an email address, or make people do more than send a reply or visit one page to opt out. Your opt-out method must keep working for at least 30 days after you send.
Step 7: Monitor anyone sending on your behalf
If you hire someone to handle your outreach, you can still be legally responsible for what they send.
What this looks like for a freelancer
In practice: send from your real name and address, write honest subject lines, add a short footer with your postal address and a line such as "Reply 'no thanks' and I will not email you again", and keep a simple suppression list of everyone who opts out so they never hear from you again, including from a different campaign.
Many freelancers do not want to publish their home address. A registered post office box or a commercial mailbox service is a common solution.
Why it is worth getting right
Each separate email that breaks the law can be subject to a civil penalty, and the maximum amount is adjusted for inflation every year, so check the current figure in the FTC guide. More practically, the same habits that keep you compliant (honest subject lines, an easy opt-out, respecting a no) also protect your reputation with recipients and with mailbox providers.
Outside the US
Other countries regulate email differently, and the stricter rules often apply based on where the recipient is. In the UK, electronic marketing is covered by PECR alongside UK GDPR. In the EU, GDPR governs the personal data you use and national rules govern electronic marketing. Canada’s anti-spam law (CASL) is generally consent-based. Rules for emailing businesses versus individuals, such as sole traders, can differ.
If you prospect outside the US, read the guidance from the relevant regulator, such as the UK Information Commissioner’s Office, or speak to a qualified lawyer.
Doing this with ExtrovertAI
Every email ExtrovertAI sends carries a one-click unsubscribe and a physical address, and nothing goes out until you approve it. You still choose who to contact, what to say and which regions to prospect, so you remain responsible for complying with the law where your recipients are.
Checklist
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Questions
Is cold email legal in the US?
Generally yes. CAN-SPAM does not require prior consent for commercial email, including to businesses, as long as each message meets its requirements, such as accurate headers, honest subject lines, a physical address and a working opt-out that you honour.
Do I need an unsubscribe link in a one-to-one cold email?
If the email is commercial, CAN-SPAM requires a clear way to opt out. A plain instruction such as "reply and I will not contact you again" can work, but you must honour it. A one-click unsubscribe link is the simplest way to make opting out easy.
Can I use a P.O. box as my address?
According to the FTC, a post office box registered with the US Postal Service, or a private mailbox registered with a commercial mail receiving agency under postal regulations, can satisfy the physical address requirement.
Is this guide legal advice?
No. It is general information to help you understand the main requirements. Laws change and depend on your situation, so read the official guidance and speak to a qualified lawyer if you are unsure.
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