Understanding who you can and cannot email under the CAN-SPAM Act is crucial for maintaining compliance and protecting your brand’s reputation. While the act does not require prior consent to send commercial emails, it does impose specific rules to ensure recipients can easily opt out of future communications. This guide outlines the types of recipients you can email, the requirements to follow, and the potential pitfalls of emailing those who haven’t given explicit consent. By adhering to these guidelines, you can effectively engage with your audience while staying within legal boundaries. Here’s a breakdown of different recipient categories and the rules for emailing each group:

Existing customers and clients

You can email individuals who have explicitly opted-in to receive your emails through a sign-up form or a checkbox on your website.
Requirement: The opt-in process should not be pre-checked and must be a conscious action by the subscriber.

Leads from a trade show or event

You can email contacts who have provided their email address at a trade show or event and have agreed to receive follow-up communications.
Requirement: Ensure you have clearly stated they will receive marketing emails and offer a simple opt-out option.

Business contacts

You can email business contacts you’ve interacted with professionally, such as exchanging business cards, as long as the emails are relevant to their professional role.
Requirement: Include a clear identification of your business and an opt-out mechanism.

Purchased or rented email lists

You cannot email individuals on purchased or rented email lists without prior consent.
Reason: You do not have explicit permission from these individuals to email them, which may violate their expectations and CAN-SPAM regulations. Read more in the article “CAN-SPAM and rented email lists.” rented lists.

Invalid or inactive emails

You cannot email inactive emails or addresses that have bounced back in previous campaigns.
Reason: Sending to invalid addresses can damage your sender reputation and lead to penalties if reported as spam.

People who have opted out

You cannot email anyone who has previously unsubscribed or opted out of receiving your emails.
Requirement: Respect the opt-out within 10 business days and only email them again if they re-subscribe.

Individuals who haven’t given consent (Cold emails)

You should be cautious: Cold emailing potential business contacts is allowed, but you must provide accurate sender information and a clear opt-out option.
Requirement: Clearly identify the email as a commercial message and ensure it is relevant to the recipient’s role or interests.

Always include a clear opt-out mechanism and accurate sender information in every email you send. This checklist can help ensure your campaigns comply with the CAN-SPAM Act and protect your brand’s reputation.