What Is Cold Emailing? How To Use, CAN-SPAM ACT and Templates

Cold emailing is the act of sending out emails to people who are not setup to receive them. In other words, they have not opted-in to receive your emails.

These cold emails would be random emailing to potential leads or prospects, either consumers or businesses.

But, is cold emailing illegal and/or spam?  That’s a very good question and some find it debatable when really, it just takes a bit of digging that we will get to it’s legality below.

But, first, let’s look at what cold emailing can be used for and its best practices.

Cold emailing is a marketing and outreach strategy where you send unsolicited emails to individuals or businesses who have not previously expressed interest in your products or services. The primary goal of cold emailing is to initiate a conversation, build relationships, and ultimately generate leads or sales.

Cold emailing is often used for various purposes, including:

1. Sales Prospecting: Sales representatives reach out to potential customers who match their target audience in hopes of converting them into paying customers.
2. Lead Generation: Businesses collect contact information from potential leads and send them emails to gauge interest and move them through the sales funnel.
3. Networking: Professionals and businesses use cold emails to connect with others in their industry, explore partnership opportunities, or seek mentorship.
4. Job Hunting: Job seekers send cold emails to potential employers or industry professionals in search of job opportunities or advice.
5. Content Promotion: Marketers and content creators use cold emails to share their content, such as blog posts or e-books, with a wider audience.

While cold emailing can be an effective strategy when executed properly, it’s important to follow best practices to increase the likelihood of a positive response and avoid being perceived as spam.

Cold Emailing Best Practices:

1. Personalization: Tailor your emails to the recipient’s needs and interests. Mention specific details about their company or role to demonstrate that you’ve done your research.
2. Clear Value Proposition: Clearly communicate the value of your product, service, or offer in the email. Explain how it can benefit the recipient.
3. Professionalism: Maintain a professional tone and format in your emails. Use proper grammar and avoid overly salesy or pushy language.
4. Permission: Comply with email marketing regulations, such as the CAN-SPAM Act in the United States, by including an unsubscribe option and identifying your business in the email.
5. Follow-Up: If you don’t receive a response, consider sending a polite follow-up email to reiterate your offer or request.
6. A/B Testing: Experiment with different subject lines, email content, and sending times to identify what resonates best with your audience.
7. Email Tracking: Use email tracking tools to monitor open rates and click-through rates, which can help you refine your cold emailing strategy.

Cold emailing can be a valuable tool for reaching new contacts and expanding your network or customer base. However, it’s important to approach it ethically and with respect for the recipient’s time and preferences.

So, is cold emailing illegal and/or spam? Let’s take a look.

Is Cold Emailing Illegal Or Spam?

Many people seem to carry the misconception that any cold, or unsolicited, email is spam and that spam is illegal.

Actually, “Spam” is not a legal term. And the word “spam” has multiple definitions. 

In its simplest definition, spam is considered unsolicited or undesired electronic messages, includes emails, text, instant messaging, comments and voice mail.

According to Spamhaus, an unsolicited message is considered spam if “the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients.”

The basics of the anti-spam laws are known as the CAN-SPAM act in the United States.

These rules and laws are enforced by Congress in that those who send commercial e-mails should not mislead recipients over the source or content of them, and that all recipients of such emails have a right to decline them.

But note, the CAN-SPAM does not ban spam emailing outright, but it does impose laws against deceptive marketing methods through headings that are “materially false or misleading”. 

Surprisingly, SPAM IS LEGAL in the United States. Yes, you read that right. Considering whether your email is solicited or unsolicited, and whether it is highly targeted or not, have nothing to do with legality under the U.S. law. The name of the act is CAN SPAM, after all.

Download our free checklist, Email Marketing Compliance Checklist to make sure all your emails are sent in compliance.

The CAN-SPAM Act

To be proactive in the correct marketing efforts, there are conditions to be met in terms of email format, their content, and labeling.

The CAN-SPAM Act does give recipients the right to have you stop emailing them, and spells out penalties for violations.

The three basic types of compliance defined in the CAN-SPAM Act are: Sending Behavior, Content and Unsubscribe.

Sending Behavior Compliance

• A message cannot be sent through an open relay
• A message cannot be sent without an unsubscribe option.
• A message cannot be sent to a harvested email address
• A message cannot contain a false header
• A message should contain at least one sentence.
• A message cannot be null.
• Unsubscribe option should be below the message.

Content Compliance

• Accurate “From” lines
• Relevant subject lines (relative to offer in body content and not deceptive)
• A legitimate physical address of the publisher and/or advertiser is present. PO Box addresses are acceptable in compliance with 16 C.F.R. 316.2(p) and if the email is sent by a third party, the legitimate physical address of the entity, whose products or services are promoted through the email should be visible.
• A label is present if the content is adult.

Unsubscribe Compliance

• A visible and operable unsubscribe mechanism is present in all emails.
• Consumer opt-out requests are honored within 10 business days.
• Opt-out lists are used only for compliance purposes.

The key takeaway is this: you can send cold emails, you just have to make sure you’re following the guidelines set out in the statute.

Also note, a person who has bought a product or service from you can be considered a ‘soft opt-in’ – meaning you should be able to email them, provided you are sending them related offers and give them the opportunity to opt-out.

4 Sample Subject Lines with High Open Rates

Here are 4 sample cold email subject lines that get open rates of over +35%

1. “[Introduction] [name]” or “[Introduction] [your name/company] <> [their name/company]” Example: Hey, John!
2. “Quick Request”
3. “Trying to connect”
4. “RE: [Name of their company]” Example: RE: Keebler Sales Dept

Sample Cold Emailing Templates

#1 Cold Email Example – Selling

Hello,
I have to say how happy I am to have found your (Whatever/where it is that they do, ex auto repair shop website)
{Ask them about something THEY do but is something YOU could help make better}

I am [your name] from [what your role is and the company you are with/own.] We are [7-15 words describing what you do.] We would love to know what you think about [something you want to help them with] and we KNOW that your fans would love it!

We would love to work something out so that it will be a win-win for everyone!

Looking forward to not only hearing back from you but also your future (product/service/content.]

Let us know if we could be of assistance to you!

Sincerely
[Your name] and [your company].
[Website] Many blessings!

Follow-Up Cold Call  “rule of thumb”

(First contact – This is all about getting a meeting made.) (1 + 3 if possible.) (Plus, it is all about your tonality.)
Hey, is (Name) there? (Not Mr or Ms.),

#2 Cold Email Example – Selling

Hello [their Name]. This is [Your Name, Then first & Last]. I’m calling from [your company,] how are you doing today? Oh great! I’ve noticed that you were implementing some [Something you can improve,] (You can use what you found them on. Facebook, Yelp, Ads, Instagram, Youtube, etc) correct? (Yes or No, proceed.)

The reason why I am calling today is to see if our services will be a good fit for you.

If you have 60 seconds, I would love to share an idea/solution with you, do you have a minute? (IF yes, pitch what you want to offer.)

(If they say no, either ask:) I am sure that you have a great reason for saying no, may I ask what it is. OR “Better” Ask when would be the best time to talk for a few minutes AND what is the best email so I can send you our packages.

(Don’t let them just give you email information though (Get the meeting first, it’s too easy to lose the lead that way otherwise.)

—–

IF you do.. Follow back up in a couple of days. 2-3 days, 5 days max)

(When they agree to talk, ask them questions or thing you want to help them with.

(I,e how marketing is going for them, biggest problem, what is their wants, etc. (Write it down.)

Original publish date: Jan 16, 2018