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Is cold email legal in the US?

Generally yes. In the US, commercial email is allowed without prior consent under CAN-SPAM, as long as you identify yourself honestly, use a subject line that is not misleading, include a valid postal address, offer a clear way to opt out and honour opt-outs promptly. Source: FTC This is a short summary for general information and is no substitute for legal advice. Some states and other countries add their own rules.

Key facts

  • CAN-SPAM requires five things: honest sender details, a true subject line, your postal address, a working opt-out and responsibility for anyone who sends for you.
  • Calls and texts fall under the TCPA and do not call rules.
  • Autodialed or prerecorded calls to mobile numbers need prior express consent, and do not call rules cover marketing texts too.
  • CAN-SPAM covers consumers too, and state laws may add rules.

What does CAN-SPAM require?

CAN-SPAM requires five things: honest sender details, a true subject line, your postal address, a working opt-out and responsibility for anyone who sends for you. Source: FTC

Are phones and texts the same?

No. Calls and texts fall under the TCPA and do not call rules. Source: 47 CFR 64.1200 Autodialed or prerecorded calls to mobile numbers need prior express consent, and do not call rules cover marketing texts too. Source: 47 CFR 64.1200

How does Buzz Send help?

Unsubscribes, complaints and bounces are suppressed for good, so an opt-out is never emailed again from your account.

How to keep cold email within the rules

  1. Use your real name

    And a real business.

  2. Write a true subject line

    No fake "Re:" or tricks.

  3. Add your postal address

    In the signature.

  4. Offer an opt-out

    And honour it quickly.

When does Buzzlist fit, and when does it not?

It fits when

  • You email US businesses with relevant offers.

It does not fit when

  • You email people outside the US, where other laws apply.

Questions people ask next

Do I need consent to email a business?

Not under CAN-SPAM, but you must follow its rules.

Is this legal advice?

No. Ask a lawyer for your situation.

Can I email consumers?

CAN-SPAM covers consumers too, and state laws may add rules. Source: FTC

What happens to opt-outs in Buzz Send?

They are suppressed for good.

Sources

Checked October 9, 2026. Rules change, so read the source before you rely on it. This is general information, not legal advice.

Answered by the Buzzlist team. Last reviewed .

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