Is cold email spam? How to keep your outreach compliant

What’s the difference between cold email and spam email? When do cold emails become spam? And how do you stop this from happening?

Don’t panic: the cold emails you send aren’t automatically spam!

But considering that all marketing and sales teams have a legal obligation to respect recipients’ data and privacy, it’s important that you understand the difference between the two concepts - and where the line between them is located.

Let’s look into the definitions of cold emails and spam emails in a little more detail and explore how we should handle them.

What's the difference between cold email and spam?

Spam, often characterized by mass distribution of irrelevant or deceptive content, aims to reach as many recipients as possible without regard for their personal identity or context. Spam emails are completely unsolicited and characterized by irrelevant, low-value content. 

“Spam” is not strictly a legal term, but depending on the recipients’ region, individual examples of spam email may indeed break privacy laws.

On the other hand, cold email involves targeted outreach to specific individuals or businesses based on predefined criteria with the aim of initiating a meaningful conversation or business relationship.

Nevertheless, if you fail to provide meaningful or relevant content in your cold emails, you can be labelled as spam (either by your recipient or their email service provider).

Understanding the difference between these concepts is crucial for marketers and seller who want to ensure their email campaigns are compliant with regulations and ethical standards. 

Bulk emailing and cold emailing are incredibly useful tactics for scaling your outreach, but you need to be mindful you don’t end up being labeled as spam!

Is cold email legal?

Despite common misconceptions, cold emailing is legal in many jurisdictions, including the United States, because “unsolicited” and commercial emails are not strictly illegal.

However, it's essential you understand and comply with regional regulations to avoid being classified as spam and facing potential penalties.

One of the key pieces of legislation governing commercial email communication is the CAN-SPAM Act, enacted in 2003. We’ll show you how to stay on the right side of this law below.

What the law says: the CAN-SPAM Act

The CAN-SPAM Act sets out several requirements that you must adhere to when sending commercial emails. 

These include:

1. Include an opt-out method: Recipients must be provided with a clear and straightforward way to opt out of receiving further emails from the sender. A simple unsubscribe link will do, or else include obvious instructions on how to request removal from your email list.
2. Process opt-outs within 10 days: Upon receiving an opt-out request, marketers are required to promptly remove the recipient from their email list within 10 business days. Failure to do so can result in non-compliance with the law.
3. Don’t use misleading subject lines: Subject lines and email content must accurately reflect the purpose and content of the message. Deceptive or misleading subject lines are prohibited under the CAN-SPAM Act and can lead to violations. Be especially careful not to exaggerate or overdo the urgency of your subject line language, because certain terms and phrases will be flagged automatically.
4. Be authentic: Senders must accurately represent their identity and company in the "From" and "Reply to" fields of the email. Using deceptive tactics to mask your identity or circumvent email filters is strictly prohibited.
5. Include your business address in the email: Every commercial email must contain the sender's physical mailing address, typically in the footer or signature of the message. This helps establish transparency and proves that you’re a real business, but it allows recipients to contact your company if needed.

This is not an exhaustive list of the CAN-SPAM requirements, so be sure to check them out in more detail before you dive into your bulk email campaigns. You should also check out our general deliverability best practices to make sure your mailboxes and domains are in good shape for high volume outbound!

Cold email best practices to stay out of spam

On top of the requirements above, there are a number of best practices you should follow to make sure your cold emails are always relevant to your audience:

• Personalize, personalize, personalize: Tailor email content to your prospect's interests, preferences, and needs to maximize relevance and your chances of getting a reply.
• Prove your value proposition: Communicate your solution’s value proposition clearly and credibly, and make sure you underline how it addresses your prospect’s particular pain points or challenges.
• Be human: Maintain authenticity and transparency in your email communication. Your tone of voice should be personable and approachable so prospects don;t feel like they’re talking to a robot.
• Target your outreach: Focus on targeting specific individuals or businesses that align with your ideal customer profile, or segmenting your campaigns for different audience groups. Prospects want to be treated as individuals, not one in a thousand mass email recipients.
• Obtain consent for your marketing: Whenever possible, it never hurts to obtain consent from prospects before you send them marketing emails. Not only does this keep you compliant with privacy regulations; it also increases your chances of positive engagement and keeps your email lists clean and relevant.

Does cold email work?

Despite the challenges associated with email deliverability and being flagged as spam, yes, cold email campaigns can be highly effective when executed properly. 

The key is to be aware of the legislation in your target regions and to adopt the right best practices to keep your outreach compliant.

Leveraging accurate data, email hygiene tools, and personalized messaging will also help you avoid spam and focus on fostering meaningful connections with potential prospects. Check out how Amplemarket can help you scale your email engagement sustainably and safely and keep your outbound in the green!