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Do individual sales emails and automated sales cadences require CAN-SPAM compliance?

Summary

The question of whether individual sales emails and automated sales cadences must comply with the CAN-SPAM Act is a common point of confusion for many businesses, particularly sales and marketing teams. The core principle of CAN-SPAM compliance hinges on the primary purpose of the email, not the volume or the method of sending. If an email's main goal is commercial advertisement or promotion, it generally falls under CAN-SPAM regulations, regardless of whether it's a one-off message or part of an automated sequence.

What email marketers say

Email marketers often face pressure to generate leads and sales, sometimes leading to interpretations of compliance laws that prioritize outreach volume over regulatory adherence. There's a common misconception that personal-looking or one-off emails are exempt from rules like CAN-SPAM, but experienced marketers recognize that the commercial nature of the email is what matters. This is especially true with the rise of automated sales cadence tools that can send many emails that, while appearing individual, are still commercial in their primary purpose.

Marketer view

Email marketer from Email Geeks indicates that CAN-SPAM primarily focuses on whether an email is commercial rather than if it's bulk. The test is whether it promotes a commercial activity or transaction. If so, it requires a simple and clear unsubscribe mechanism.

16 Sep 2019 - Email Geeks

Marketer view

Marketer from Klenty Blog highlights that the CAN-SPAM Act mandates all commercial messages to provide recipients with a clear method to opt out. This requirement applies to all email types classified as commercial.

12 Nov 2023 - Klenty Blog

What the experts say

Experts in email deliverability and compliance consistently affirm that the CAN-SPAM Act's applicability is tied to the email's content and intent, not its method of delivery or perceived personalization. They stress that any email whose primary purpose is commercial must adhere to the law's requirements, including the provision of an unsubscribe mechanism and a physical address. They also highlight that legal compliance is just one aspect; maintaining a positive sender reputation and avoiding blocklists (or blacklists) is equally crucial for long-term success.

Expert view

Deliverability expert from Email Geeks states that CAN-SPAM does not differentiate based on whether an email is bulk or not, only whether it is commercial. If it promotes a commercial activity, it needs an unsubscribe mechanism.

16 Sep 2019 - Email Geeks

Expert view

Deliverability expert from Spamresource.com notes that compliance with email laws like CAN-SPAM is crucial for any sender, regardless of their scale. Even a single non-compliant email can lead to issues, underscoring the importance of proper adherence.

15 Mar 2024 - Spamresource.com

What the documentation says

Official documentation, such as the CAN-SPAM Act itself and guidance from regulatory bodies like the Federal Trade Commission (FTC), clearly outlines the requirements for commercial email. These documents consistently define commercial electronic mail message based on its primary purpose rather than volume or personalization. The law's language explicitly covers a wide range of promotional emails, mandating specific disclosures and an accessible opt-out mechanism.

Technical article

Federal Trade Commission documentation specifies that the CAN-SPAM Act establishes requirements for commercial messages, mandating clear and conspicuous identification, an opt-out mechanism, and a physical address. The law focuses on the content's purpose.

10 Jan 2024 - Federal Trade Commission

Technical article

Securiti.ai's compliance guide clarifies that some CAN-SPAM regulations do not apply to emails whose main objective is transactional or relationship-based, such as purchase confirmations. This distinction is crucial for understanding scope.

08 May 2025 - Securiti.ai

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