Is Cold Emailing Legal? Find The Best Way For Email Outreach

Cold Emailing

As with any form of business communication, there are few aspects you need to follow to make your email outreach professional. There are some points you need to know in this business, what is the difference between cold emailing and spam? 

Cold email is generally sent to a potential client who has had no earlier relationship with you however let’s be honest nobody likes spam. Your possibilities don’t wish to get it nor you need to send them. No one likes email spam. So it makes sense if you don’t want to get spam one then it’s obvious you don’t want to send it.

Moreover, for most sales reps don’t send emails with the intent of spamming their contacts, the line between the email spam and legitimate cold email can sometimes seem a bit fuzzy.

Now the point is how can you prevent your cold emails from being categorized as spam? Here you have a proper guide on cold emailing, so read this article entirely.

Necessary points to know while incorporating the Cold Emailing?

There is a considerable difference between bulk emails and one-to-one emails to a targeted business audience. 

  • As per the CAN-SPAM Act, you are authorized to send emails to business people that you do not know. Still, it is necessary for you to comply with the rules that the Federal Trade Commission (FTC) has outlined. Bulk product emails account for about 81% of spam emails. 
  • When sending cold emailing to your targeted business audience. Do not misrepresent who you are – basically, your “From”, “To”, and “Reply-To” information about who you are. So be careful with this when you are emailing.
  • Do not use misleading subject lines – Using a subject line of “Your receipt” when pitching your product/service would be misleading. Keep it real.
  • Identify if the email is an advertisement – If your email is an advertisement or special coupon offer, make sure it is labeled as such.
  • Include your business address – whether it is your PO Box or your physical address, you have to include it. The ideal placement for this information would be in your email signature.
  • Give them an opt-out option – You do not have to use an “unsubscribe” link which usually takes away some of the personal aspects of the email. Instead, ask them, “Please let me know if you are not the right person to contact for this.” This is a good alternative that keeps things personal.
  • Honor opt-outs – If they do not want any future emails, make sure they do not receive any more emails.
  • Know what others do/send on your behalf – Even if you are hiring a company to handle your email outreach, you are still legally responsible. Make sure whoever you have hired to work on your email outreach understands these seven rules.

Is Cold Emailing an effective way to outreach your target audience or you can categorize it in a Legal Grey Area?

  • Sending an email to business contacts that you have never spoken with – or those you don’t know personally or professionally- is not an illegal act. This sort of communication between professionals falls outside the legal gray area including spam and cold emailing. But does that imply cold emailing is not legal?
  • The answer is Yes – but as long as the email adheres to specific CAN-SPAM requirements, it is not considered illegal. However, if you are emailing your potential or existing customers without an understanding of the laws that apply, you could just end up in the spam folder and be stuck with a hefty fine.
  • Enacted in 2003, the CAN-SPAM Act outlines requirements for sending B2C and B2B commercial messages – including cold email – and gives recipients the right to stop receiving emails from businesses.
  • The Act applies to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” Violations of the Act can turn out to be too expensive for you.
  • You can use cold email for sales outreach as long as you send messages that comply with CAN-SPAM regulations. Here are the rules you need to follow to make sure your emails do not end up in prospects’ spam folder or get you in legal issues.
#Avoid Deceptive Subject Lines

A good subject line should be the accurate reflection of the email content, rather than a misleading clickbait with zero relevance to the actual message. You can always use clever, funny, and creative email subject lines to entice recipients to find out what they have to say, as long as it is not intentionally deceptive.

For instance, an email with the subject line “URGENT news about your family” would certainly have a high open-rate, but it violates CAN-SPAM requirements by being intentionally deceptive. Not to mention it is an incredibly cheap act and this would reflect poorly on your professional image.

#Provide a Clear Opportunity to Opt-Out

If someone does not wish to receive your emails, you must provide them with an easy way of letting you know.

Your opt-out method should be simple. You can include an unsubscribe link in the email footer or telling the recipient to reply if they want to be removed from your mailing list. You can even add some options that let recipients manage their subscription preferences. With this they can’t still stay on your list.

#Honor Opt-Out Requests ASAP

CAN-SPAM provides a 10-day grace period to remove someone who wants to opt-out from your list. However, since you are always juggling multiple lists and tons of contacts, it is best to use an automated system that will take care of opt-out requests automatically.

The Act prevents businesses from asking contacts to take additional steps to opt-out after their initial request. This means it is illegal for businesses to charge any sort of opt-out fee, request personal information, or sell someone’s email once they opted for, “take me off this list!”

The bottom line is that you cannot make contacts jump through hoops to opt-out of receiving further messages from you. You have to let go.

#Be Honest About Who (and Where) You Are

It is crucial that the information in your “From” and “Reply to” fields are accurate. Not only does it increase your open rate. Because prospects are more likely to read messages sent from a real person. But it also ensures you’re complying with CAN-SPAM regulations. 

For this, you can incorporate a business address or a physical address somewhere in the email. You can add the required information to your email signature or footer.

Wrapping Up

You can also adopt the cold emailing process to boost your sales. But keep in mind don’t overdo with your cold email. Even you can choose some Digital Marketing Agency like Street1940 Media for Email Marketing Services. We have a team of experts who can grow your business. As more and more prospects will get to know about you and your products /services.

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