Understanding the Legality of Cold Emailing in United States

The primary law governing cold emailing in the U.S. is the CAN-SPAM Act of 2003. This federal law sets rules for commercial emails, establishes requirements for commercial messages, provides recipients the right to have you stop emailing them, and spells out tough penalties for violations.

Is Cold Emailing Legal in the United States?

Here are the main requirements of the CAN-SPAM Act:

  1. Don’t use false or misleading header information. Your "From," "To," "Reply-To," and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.

  2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.

  3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.

  4. Tell recipients where you’re located. Your message must include your valid physical postal address.

  5. Tell recipients how to opt-out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.

  6. Honor opt-out requests promptly. You must honor a recipient's opt-out request within 10 business days.

  7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law.

How Nureply Helps You Comply

At Nureply, we understand the importance of compliance with these laws. Our AI-powered cold email marketing automation software is designed with these principles in mind. We help you craft compliant, effective email campaigns that respect your recipients' rights and preferences, while achieving your marketing goals.

With Nureply, you can be confident that your cold email campaigns are not only effective but also fully in line with the legal requirements of the CAN-SPAM Act.


So, yes, cold emailing is legal in the United States, provided you follow the rules outlined in the CAN-SPAM Act. With Nureply, you can navigate this landscape with ease, ensuring that your email marketing efforts are both effective and compliant.

If you're ready to take your cold email campaigns to the next level, while ensuring full compliance with US law, start your journey with Nureply today.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Always consult with a qualified legal professional for specific legal advice related to your situation.

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