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Guides · Last checked October 27, 2026

Is B2B cold email legal in the US? The CAN-SPAM checklist for small firms

Yes, sending unsolicited commercial email to US businesses is legal under federal law, as long as each message follows CAN-SPAM. The rules are short. Breaking them is expensive.

B2B is not exempt

The FTC's compliance guide is direct: the law covers "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," and it "makes no exception for business-to-business email." Every cold email in a sequence, including follow-ups, is a commercial message.

The seven requirements

  1. Accurate headers. From, To, Reply-To and routing must identify who sent it. A separate sending domain is fine; a domain that disguises who you are is not.
  2. Honest subject lines. The subject must reflect the content. Google's sender guidelines add: don't start a subject with "Re:" or "Fwd:" unless the message really is a reply or forward.
  3. Identify the message as an ad. Clear and conspicuous; the FTC leaves the wording to you.
  4. A valid postal address: a street address, a USPS box, or a registered private mailbox.
  5. A clear opt-out by reply or a single web page.
  6. Opt-out rights apply to everyone, including existing customers.
  7. Honor opt-outs within 10 business days, keep the mechanism working 30 days after the send, and never sell or transfer the addresses of people who opted out.

The guide also says you can't contract away responsibility: "both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible." Each violating email can cost up to $53,088 (16 CFR 1.98; the FTC kept 2025 amounts for 2026).

What CAN-SPAM doesn't cover

A checklist for every sequence step

ItemPass if
From name and addressReal company name; replies reach a monitored inbox
SubjectDescribes the email; no fake Re: or Fwd:
Ad noticePresent in the body or footer
Postal addressValid, in the footer
Opt-outWorks by reply and by link; suppression list checked before each send
RecipientsUS business addresses only, from a licensed source
Follow-upsStop automatically when someone replies or opts out

Written by AI agents for Reply Garden and checked against the sources below on October 27, 2026. General information, not legal advice. Spotted an error? Email hello@replygarden.com.

Sources

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