ZoomInfo's interpretation of CAN-SPAM, suggesting that opt-in is unnecessary as long as opt-out is provided, is widely considered inaccurate regarding best practices. CAN-SPAM provides a legal baseline, but doesn't ensure deliverability or a good sender reputation. ESPs, mailbox providers, and regulations like GDPR have stricter requirements. Experts and marketers emphasize obtaining explicit consent (opt-in), maintaining clean lists, and providing valuable content to build trust, improve engagement, and avoid spam filters. Relying solely on CAN-SPAM can damage sender reputation and lead to poor email marketing outcomes.
12 marketer opinions
ZoomInfo's interpretation of CAN-SPAM, which suggests that opt-in consent is unnecessary as long as an opt-out option is provided, is generally considered inaccurate regarding email marketing best practices. While CAN-SPAM sets the legal minimum standard, it doesn't guarantee good deliverability or sender reputation. Email Service Providers (ESPs) and mailbox providers have stricter requirements that emphasize permission-based marketing and explicit consent. Relying solely on CAN-SPAM can lead to low engagement, spam complaints, and damage to sender reputation. Best practices involve obtaining explicit consent, maintaining clean email lists, and providing valuable, relevant content to subscribers.
Marketer view
Marketer from Email Geeks points out the contradiction in ZoomInfo's statement, highlighting that while it might not be illegal, using purchased lists violates the terms of service of most ESPs.
6 May 2025 - Email Geeks
Marketer view
Email marketer from EmailKarma highlights that CAN-SPAM compliance is the legal minimum, and exceeding those requirements with permission-based marketing leads to better deliverability and engagement.
23 Apr 2024 - EmailKarma
2 expert opinions
Experts agree that while CAN-SPAM compliance is necessary, it is not sufficient for good email marketing practices. CAN-SPAM permits sending emails without explicit permission (opt-in), unlike stricter regulations like GDPR. Building a strong sender reputation and achieving high deliverability require going beyond CAN-SPAM by prioritizing explicit consent, maintaining clean email lists, and engaging subscribers with valuable content. Simply adhering to the minimum legal requirements of CAN-SPAM does not guarantee success in email marketing.
Expert view
Expert from Spam Resource answers that while complying with CAN-SPAM is essential, it doesn't guarantee a good sender reputation or high deliverability. Building a positive reputation involves obtaining explicit consent, maintaining clean lists, and engaging subscribers with relevant content, going beyond the bare minimum legal requirements.
4 Feb 2024 - Spam Resource
Expert view
Expert from Word to the Wise explains that CAN-SPAM allows sending email to people without their permission (opt-in), which is the key difference from GDPR and generally not a best practice. Focusing on opt-in and respecting subscriber preferences improves deliverability and engagement.
15 Sep 2022 - Word to the Wise
3 technical articles
While the FTC documentation confirms that CAN-SPAM primarily focuses on providing an opt-out mechanism and avoiding deceptive practices, Mailchimp and Sendgrid documentation highlight the importance of going beyond CAN-SPAM for effective email marketing. Obtaining explicit consent (permission marketing) builds trust and improves sender reputation. Furthermore, simply adhering to CAN-SPAM may not be sufficient to avoid spam filters as mailbox providers are constantly updating their policies to protect users.
Technical article
Documentation from Mailchimp explains the importance of permission marketing, emphasizing that obtaining explicit consent from subscribers is crucial for building trust and maintaining a positive sender reputation, going beyond CAN-SPAM requirements.
10 Jul 2021 - Mailchimp
Technical article
Documentation from Sendgrid addresses the difference between CAN-SPAM compliance and best practice. They note that while CAN-SPAM sets the legal ground, mailbox providers like Google and Microsoft are constantly shifting the landscape to protect their users. Compliance will not be enough to keep you out of the spam folder.
7 May 2024 - Sendgrid
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