CAN-SPAM Act Compliance for Cold Email Marketing

The CAN-SPAM Act sets rules for commercial emails in the U.S., including those sent by cannabis businesses. Here’s what you need to know:

Applies to all promotional emails
Enforced by the Federal Trade Commission (FTC)
Fines up to $16,000 per violation

Key compliance requirements:

Rule	What to Do
Sender info	Use real names and addresses
Subject lines	Be honest about email content
Ad label	Clearly mark as an advertisement
Physical address	Include your mailing address
Opt-out	Provide an easy way to unsubscribe
Honor opt-outs	Stop sending within 10 business days
Third-party checks	Ensure partners follow rules too

For cannabis businesses:

Follow state-specific laws
Stay updated on changing regulations
Seek legal advice when unsure

By following these rules, you’ll avoid fines, build trust, and run effective email campaigns.

Basics of the CAN-SPAM Act

Main Goals of the Act

The CAN-SPAM Act aims to:

Protect consumers from unwanted commercial emails
Allow businesses to use email marketing responsibly
Give consumers control over the emails they receive
Set rules for email marketing practices

Which Emails Are Covered

The Act applies to commercial emails, including:

Email Type	Description
Cold outreach	One-on-one emails to potential customers
Promotional messages	Emails to leads and subscribers
Newsletters	Commercial updates and content
Sales emails	Messages to past customers for repeat business

Any email meant to drive business activity must follow CAN-SPAM rules.

Fines for Breaking the Rules

Not following CAN-SPAM can lead to big fines:

Up to $16,000 for each email that breaks the rules
Businesses must know and follow the Act to avoid penalties
Proper email list management is key to staying compliant

Understanding these basics helps businesses use email marketing safely and effectively.

Main Rules of CAN-SPAM

Correct Sender Information

Emails must have true "From," "To," and "Reply-To" details. This means:

Real domain names
Clear routing info
Identifiable domain owners in WHOIS records

Honest Subject Lines

Subject lines must match email content. Don’t use tricks to make people open emails.

Marking Emails as Ads

Show clearly that your email is an ad. Use words like:

"ADV"
"Advertisement"

Make sure these labels are easy to see.

Including a Real Address

Put your real mailing address in the email. This address must:

Be current
Work for receiving mail
Not be just a P.O. Box

Letting People Opt Out

Give a clear way to stop getting emails. This could be:

An unsubscribe link
Instructions to reply with "STOP"

Keep this option open for at least 30 days after sending the email.

Quickly Removing Opt-Outs

When someone opts out:

Stop sending emails within 10 business days
Don’t make it hard or costly to opt out
Don’t keep emailing for any reason

Checking Third-Party Services

If you hire others for email marketing:

Make sure they follow the rules
Remember, you’re still responsible for following the law

Who’s Responsible	What It Means
Your company	You’re liable even if someone else sends emails for you
Email sender	The company actually sending the emails is also responsible

Both the company selling products and the one sending emails can get in trouble for breaking rules.

Following CAN-SPAM in Cold Emails

Writing Correct Email Headers

Email headers must be accurate for CAN-SPAM compliance. Make sure:

Your domain name is real and can be checked
Routing info shows who sent the email
WHOIS records match your domain

Using fake info can get your emails marked as spam and lead to fines.

Creating Clear Subject Lines

Write subject lines that match what’s in your email. Don’t use tricks to get people to open it. Keep it short and honest.

Setting Up the Email Body

In your email, always include:

A clear statement that it’s an ad
Your real mailing address
An easy way to opt out

Making Easy Opt-Out Options

Let people stop getting your emails easily:

Put a clear opt-out link in every email
Stop sending within 10 business days if someone opts out
Don’t ask for logins or extra info to opt out

Keeping Email Lists Up-to-Date

Clean your email list often:

Action	Why It’s Important
Remove bounced emails	Avoid sending to dead addresses
Update invalid addresses	Keep your list current
Take off people who opted out	Follow the law and respect choices

Regular list cleaning helps you follow the rules and send emails only to those who want them.

Tips for CAN-SPAM Friendly Cold Emails

Adding Personal Touches

Make your cold emails stand out by:

Using the recipient’s name
Mentioning their recent work or posts
Noting shared connections or interests
Tailoring content to their job or industry

These touches can help get your email read and answered.

Being Clear About Who’s Sending

Show clearly who you are:

Element	What to Include
From name	Clear, descriptive name
Email address	Valid, matching your domain
Mailing address	Real physical address
Company info	Your name and role

Being open about who you are builds trust with readers.

Mixing Ads with Useful Info

Make emails more engaging by adding:

Recent industry news
Helpful tips
Useful tools or resources
Customer success stories

This mix makes emails more likely to be read and answered.

Checking Emails Regularly

Keep your emails following the rules:

Review content for honesty
Check headers and subject lines
Test opt-out links
Watch open and reply rates

Regular checks help you follow CAN-SPAM rules and improve your emails.

Teaching Staff About CAN-SPAM

If your team sends cold emails:

Action	Purpose
Train on rules	Ensure everyone knows the law
Stress importance	Show why following rules matters
Set up reporting	Let staff flag possible issues
Update policies	Keep email practices current

Teaching your team helps everyone send better, law-abiding emails.

Common Mistakes and How to Fix Them

Tricky Subject Lines

Avoid these mistakes in your subject lines:

Mistake	Fix
Promising unrealistic benefits	Use clear, honest descriptions
Creating false urgency	Reflect the email’s real content
Using deceptive wording	Make sure it matches what’s inside

Examples:

Bad Subject Line	Good Subject Line
"You’ve won a prize!" (for a sales pitch)	"20% off our top product"

Hard-to-Find Opt-Out Buttons

Make opting out easy:

Don’t hide the opt-out link in text
Use clear words for opting out

Good example:

Opt-out Link	Why It Works
"Unsubscribe from our emails"	Clear, easy to see and understand

Not Removing Opt-Outs

Handle opt-outs properly:

Remove emails quickly when asked
Process opt-outs within 10 business days

Good practice:

Opt-out Process	Why It’s Good
"We’ll remove you within 10 business days"	Clear timing, shows respect for choice

Wrong Sender Details

Use correct sender info:

Use real names and valid email addresses
Make sure you can get replies

Good example:

Sender Info	Why It’s Good
"From: John Doe [email protected]"	Real name, working email

Using Bought Email Lists

Don’t use bought lists:

They often have bad or unwilling contacts
Only email people who said yes to your messages

Bad practice:

Email Source	Why It’s Bad
Bought from a third party	People didn’t agree to your emails

Fix these common errors to follow CAN-SPAM rules and build trust with your email list.

CAN-SPAM for Cannabis Companies

Special Rules for Cannabis

Cannabis businesses must follow extra rules for email marketing due to strict industry laws. Besides the CAN-SPAM Act, they need to follow state-specific rules. Some states have special laws about advertising cannabis products that affect email marketing.

To follow these rules, cannabis businesses should:

Know the specific laws in their state
Make sure their emails follow these laws
Be open about their business and products in emails

Dealing with Unclear Laws

Cannabis laws can be hard to understand. To handle this, cannabis businesses should:

Keep up with new cannabis laws
Ask lawyers for help
Be careful when writing emails

Different Rules in Each State

Cannabis laws are different in each state. This makes it hard for businesses to send emails that follow all the rules. To handle this, cannabis businesses should:

Action	Reason
Learn each state’s laws	To know what’s allowed
Follow the strictest rules	To avoid breaking any laws
Be ready to change	Laws can change quickly

Helpful Tools for Following CAN-SPAM

Email Tools with Built-In Rules

Many email tools can help businesses follow CAN-SPAM rules. These tools can:

Handle opt-out requests quickly
Add clear unsubscribe links
Check subject lines for honesty
Include a real mailing address in emails

Here are some tools that can help:

Tool	Features
QuickMail	– Handles unsubscribes automatically – Follows CAN-SPAM rules for many emails
Mailchimp	– Has features to help follow CAN-SPAM – Makes it easy to add unsubscribe links
Constant Contact	– Checks emails for CAN-SPAM rules – Helps manage email lists

Checklists for Staying Legal

Using a checklist can help businesses follow CAN-SPAM rules. A good checklist should include:

Checking header info is correct
Making sure subject lines are honest
Adding a clear way to unsubscribe
Putting in a real mailing address
Stopping emails to people who opt out

Where to Find Legal Help

If you’re not sure about CAN-SPAM rules, you can get help from:

Source	What They Offer
Federal Trade Commission (FTC)	– Explains CAN-SPAM rules – Gives tips on how to follow the law
Lawyers who know email laws	– Can give specific advice – Help with tricky situations
Online guides	– Free info about CAN-SPAM – Tips for following the rules

What’s Next for Email Rules

Possible Changes to CAN-SPAM

The CAN-SPAM Act might change as email technology grows. Some changes we might see:

Possible Change	What It Means
Tougher spam filter rules	Emails might need to pass more checks
Bigger fines	Breaking rules could cost more
Rules for texts and phone apps	New laws for messages on phones
More focus on getting permission	Making sure people want your emails

Rules from Other Countries

Other places have their own email rules:

Country/Region	Email Law	Key Point
European Union	GDPR	Need clear permission to send emails
Canada	CASL	Must get okay before sending business emails
Australia	Spam Act 2003	Can’t send emails people didn’t ask for

New Ideas in Email Laws

New tech might change email rules:

Using blockchain to check emails
Smart programs to catch spam
Better ways to ask if people want emails
Making it easier to see who sends what emails

These ideas could help make email safer and more honest for everyone.

Wrap-Up

Key Points to Remember

The CAN-SPAM Act sets rules for email marketing in the U.S. Cannabis businesses must follow these main rules:

Rule	What to Do
Header info	Use real names and addresses
Subject lines	Be honest about what’s inside
Ad label	Say it’s an ad
Physical address	Include a real mailing address
Opt-out	Make it easy to stop emails
Honor opt-outs	Stop sending within 10 business days
Check helpers	Make sure anyone helping follows rules

Following these rules helps businesses avoid fines and build trust.

Staying Up-to-Date with Rules

Email rules can change. Cannabis businesses need to keep up:

Check email rules often
Learn about new laws that affect emails
Follow good email practices
Be open about who you are and what you’re sending
Make it easy for people to stop getting emails
Stop sending quickly when asked

Knowing the latest rules helps businesses send good emails and avoid problems.

What to Do	Why It Matters
Review email rules	Stay out of trouble
Learn new laws	Follow all the rules
Be clear in emails	Build trust with readers
Make opting out easy	Respect people’s choices
Stop sending when asked	Follow the law

FAQs

What emails does the CAN-SPAM Act cover?

The CAN-SPAM Act applies to all commercial emails, including:

Type	Description
Ads	Emails promoting products or services
Business-to-business	Messages between companies
Website promotions	Emails advertising commercial websites

How to follow CAN-SPAM Act rules?

To comply with CAN-SPAM, follow these key steps:

Rule	What to do
Use true header info	Provide correct "From," "To," and "Reply-To" details
Write honest subject lines	Make sure they match the email content
Mark as an ad	Clearly state the email is an advertisement
Include your location	Add your physical address in the email
Offer opt-out option	Let people easily stop getting your emails

How can people report CAN-SPAM violations?

If someone thinks an email breaks CAN-SPAM rules, they can:

Tell the FTC
Send the email to their email provider
Mark the message as spam in their inbox

What does CAN-SPAM require for all marketing emails?

CAN-SPAM says all marketing emails must:

Requirement	Details
Use correct header info	Include true "From," "To," and "Reply-To" details
Show who sent it	Use accurate domain names and email addresses
Be clear about the sender	Identify the person or business behind the email

These rules help make sure marketing emails are honest and easy to understand.