CAN-SPAM: Common Scenarios

Common Scenarios

Practical guidance for common email marketing situations under CAN-SPAM.

Scenario 1: Cold Email Outreach

Question: Can I send cold emails to prospects who haven’t opted in?

Answer: Yes, CAN-SPAM allows cold email (unlike GDPR). However, you must:

Include accurate headers
Have non-deceptive subject line
Include physical postal address
Provide clear opt-out mechanism
Honor opt-outs within 10 business days

Confidence: High [§ 7704]

Scenario 2: B2B Email Marketing

Question: Does CAN-SPAM apply to B2B emails?

Answer: Yes, CAN-SPAM applies equally to B2B and B2C commercial emails. There is no B2B exemption.

Confidence: High [§ 7702(2)]

Scenario 3: Order Confirmation with Upsell

Question: Can I include marketing in transactional emails?

Answer: Yes, but be careful. If the primary purpose of the email is commercial (marketing exceeds transaction content), the entire email is treated as commercial and must comply with all CAN-SPAM requirements.

FTC guidance: Transactional content should appear first and be most prominent.

Confidence: Medium [FTC guidance]

Question: Is a newsletter with sponsored content “commercial”?

Answer: Likely yes. If you receive payment to include advertising, the email’s primary purpose may be considered commercial advertising. Include CAN-SPAM compliance elements.

Confidence: Medium [§ 7702(2)]

Scenario 5: Email via Third-Party Sender

Question: Who is liable if I hire an email marketing agency?

Answer: Both you AND the agency can be liable. The law covers both the “sender” (whose goods/services are advertised) and the “initiator” (who procures the sending). You cannot outsource your CAN-SPAM compliance.

Confidence: High [§ 7702(16), § 7704(a)]

Scenario 6: Purchased Email List

Question: Can I email a purchased list?

Answer: CAN-SPAM does not prohibit this, but:

You must still comply with all CAN-SPAM requirements
You are responsible for honoring any prior opt-outs
List quality affects your deliverability and reputation
Other laws (like TCPA for texts, or state laws) may apply

Confidence: High [§ 7704]

Scenario 7: Unsubscribe Link is Broken

Question: What if my unsubscribe link temporarily breaks?

Answer: Violation. The opt-out mechanism must be functional for at least 30 days after sending. System failures don’t excuse non-compliance. Use redundant systems.

Confidence: High [§ 7704(a)(3)]

Scenario 8: Re-engagement Campaign to Unsubscribed Users

Question: Can I email people who previously unsubscribed to ask them to re-subscribe?

Answer: No. Once someone opts out, you cannot send them commercial email. This includes “we miss you” or “are you sure?” messages.

Confidence: High [§ 7704(a)(3)(B)]

Quick Decision Matrix

Situation	CAN-SPAM Applies?	Full Compliance Needed?
Marketing email	Yes	Yes
Cold outreach	Yes	Yes
B2B email	Yes	Yes
Order confirmation only	Header rules only	Partial
Shipping notification	Header rules only	Partial
Account security alert	Header rules only	Partial
Newsletter with sponsor	Yes	Yes
Email to opted-out user	Prohibited	N/A

Citation

FTC CAN-SPAM Compliance Guide

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