Glossary

What is the CAN-SPAM Act?

The CAN-SPAM Act is the US law that sets rules for commercial email. It does not require prior consent, but every message must have honest headers and subject lines, identify itself as an ad, give a valid postal address and offer a clear way to opt out, honoured within 10 business days. The FTC says it makes no exception for business to business email.

Published by Sellinger AI. Numbers and settings checked on 24 October 2026 against the fact register. Report an error.

What does CAN-SPAM require?

The FTC's compliance guide lists the requirements, read on 19 October 2026 for our post is cold email legal:

  • Do not use false or misleading header information.
  • Do not use deceptive subject lines.
  • Identify the message as an ad.
  • Tell recipients where you are located.
  • Tell recipients how to opt out of future email from you.
  • Honour opt out requests promptly, within 10 business days.
  • Monitor what others do on your behalf.

Does it apply to B2B cold email?

Yes. The FTC guide says the law makes no exception for business to business email. It is an opt out model: you may send without prior consent, but you must stop when asked. The opt out must keep working for at least 30 days after you send.

What are the penalties?

The FTC states that each separate email in violation can be subject to penalties of up to $53,088. You remain responsible when an agency or a tool sends on your behalf. The United States market page has more on US rules.

How Sellinger handles it

Cold email can carry an unsubscribe line and the standard one click unsubscribe headers (List-Unsubscribe and List-Unsubscribe-Post). It is a per mailbox setting. When a contact replies with an opt out such as STOP or unsubscribe, in English, Bulgarian or German among other forms, the contact goes on the team's suppression list, the agent stops and the lead is closed out. A weak or unclear phrase never writes the permanent record: the agent stops and a person decides.

Before every send on email, LinkedIn and WhatsApp, the platform checks the team's suppression list and refuses the send when the contact is on it or when the check cannot be completed. This is not legal advice. Laws change and your facts matter, so check with a lawyer in the countries you target.

Common questions

Do I need consent to send cold email in the US?
Not under CAN-SPAM. You need honest headers, a postal address and a working opt out that you honour.
Does CAN-SPAM apply to LinkedIn messages?
CAN-SPAM covers commercial electronic mail messages. LinkedIn has its own terms. Ask a lawyer about your specific use.
How fast must I honour an opt out?
Within 10 business days, according to the FTC guide.

Sources and method

FTC CAN-SPAM Act compliance guide, read 19 October 2026 for the linked blog post. Sellinger behaviour from the fact register, checked 24 October 2026.

Related: PECR, CASL, Is cold email legal?, United States market.

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