Your cold email outreach isn’t spam if you follow these 7 rules.
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Your cold email outreach isn’t spam if you follow these 7 rules.

I get asked a few times a week by our clients if sending a cold email is spam.

Myth: BtoB emails are exempt from CAN-SPAM regulations.

Fact: CAN-SPAM applies to all commercial messages, not just bulk emails, teeth whiteners, or diet pills. Specifically, ‘“any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”

Follow these rules to help avoid $16,000 fines!

  1. Don’t use false or misleading contact information. The ‘From’, ’To’, ‘Reply-To’ and domains referencing your company, product or service should all be accurate and identify who you are. 
  2. Don’t use deceptive subject lines. A shady subject line may get an open but chances are your click-throughs will be weak.  Subject lines are the gatekeepers to your email content and you should get creative in writing and testing copy that gets opens. Be truthful.
  3. If your email is an advertisement, then label it as such. The best cold emailers know not to take their pants off on the first date. The goal of any cold email is to get a response not to seal the deal. If you are trying to sell something in your first outreach email, you are doing it wrong.
  4. Tell the recipient where you are located. Your physical address doesn’t need to live in the footer of the email which could impact your deliverability since spam filters look here. Instead, consider including the address in your signature.
  5. Give recipients a way to opt out of future emails. Contrary to popular opinion, you don’t have to put an unsubscribe link in the footer of your emails. What’s more ‘clear and conspicuous’ than just writing something like, ‘if you don’t want me to email you, just reply to this message and let me know.’
  6. Honor opt-outs. Replying to angry people for sending emails after they unsubscribed is equally as frustrating as receiving emails you unsubscribed from. Try not to take it personally, respect their decision and move on to more important things (like finding more prospects).
  7. Monitor what others are doing on your behalf. Just because you hired someone to handle your email outreach doesn’t indemnify you from their actions. Make sure they comply with the same regulations set forth by your governing body.

Pro Tip: Get smart about who you are emailing and why they should care about what you have to say.  Developing personas helps to ensure that you are reaching out to people who fit a profile you've identified as being receptive to your message or offering.  Research your prospects, don't just spray and pray.  

For more information, check out this PDF from the FTC.  If you have questions on how to prospect like a pro, send a note to ryan@sellhack.com . I hope this helps!

- Ryan O'Donnell, Customer Success & Growth at SellHack.com 

ps - this is an interpretation of the United States FTC ruling on CAN-SPAM and non-US countries may have other requirements not noted here.  If you've broken any of these rules, learn from your mistakes (we have).

Kim Walker

Quantum Hypnotherapy, Business Growth 📕 Book: INSPIRE 🎙️ Host: The Quantum Accelerator ★ Profit Acceleration Strategist ☎️ VCEO Call ⬇️

6y

I'll have to make some changes after reading this Kevin, thanks for sharing.

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Javed Ali

China business consultant. Helping overseas companies buy pharma and medical products from China.

7y

So cold emails are perfectly fine as long as they comply with CAN-SPAM rules. Thank you for clearing this confusion as I didn't know the difference between SPAM and cold emailing.

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ℳarco ℇrmini

Chief Information Security Officer @ EQS Group | PhD, MBA, CISSP, CISA, CISM, CDPSE, CRISC, GCIH, C|CISO, ISO/IEC 27001 LA

8y

Well, even if you follow those rules, in many legislation this is STILL spam. I am sorry.

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Amy J Campbell

Industrial | Manufacturing | Healthcare | CRM | Marketing Automation | Sales Enablement | Integrated Marketing | Marketing Communications | Résumés & LinkedIn

8y

Ryan O'Donnell, thank you for sharing this content. I don't know how I missed it before!

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