Do individual sales emails and automated sales cadences require CAN-SPAM compliance?
Michael Ko
Co-founder & CEO, Suped
Published 12 May 2025
Updated 19 Aug 2025
7 min read
Many businesses, particularly those engaged in sales, often grapple with how the CAN-SPAM Act applies to their email practices. There's a common misconception that individual, personalized sales emails or those sent through automated sales cadences are exempt from these regulations, especially if they don't appear to be bulk email.
However, the critical distinction in CAN-SPAM is not the volume or method of sending, but rather the primary purpose of the email. If an email's primary purpose is the commercial advertisement or promotion of a product or service, it is considered a commercial electronic mail message and must comply with the act's requirements. This applies whether it's a one-off email from a sales representative or part of an automated sequence.
Navigating these regulations is crucial, not only to avoid legal penalties but also to maintain good email deliverability and sender reputation. Failing to understand and implement these rules can lead to significant issues, from emails landing in spam folders to a complete blocklist (or blacklist) of your sending domains.
The commercial email definition
The CAN-SPAM Act defines a commercial electronic mail message as any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose). This broad definition means that if your email is designed to sell or promote something, it's likely covered by the act, regardless of how many you send or how personal it looks. For example, a cold email introducing a new service, even if it's highly personalized, still has a commercial primary purpose.
The law doesn't differentiate between mass marketing campaigns and targeted one-to-one sales outreach when determining if an email is commercial. This means that sales emails, whether manually sent by a sales representative or automated through a cadence tool, are generally subject to CAN-SPAM. The key is the content and intent of the message. If it's promoting a product or service, it's commercial.
Understanding this definition is the first step towards ensuring compliance. It clarifies that the method of sending, whether it's an automated sequence or a manual one-off, doesn't exempt the email from CAN-SPAM's requirements if its core intent is commercial. The Federal Trade Commission provides a detailed compliance guide that outlines these definitions and obligations clearly.
Sales cadences and one-to-one emails
The misconception that one-off, human-generated emails are exempt from CAN-SPAM often stems from the lower volume and perceived personal nature of such communications. While an individual email may seem less intrusive than a mass mailing, its commercial intent still triggers CAN-SPAM obligations. Sales cadences, even those designed to mimic personal interactions, are fundamentally automated sequences aimed at commercial promotion and therefore fall under the act's purview.
Automated sales tools, such as SalesLoft or HubSpot's email platforms, significantly increase the volume of emails sent compared to purely manual outreach. This higher volume, even if staggered over time, elevates the risk of non-compliance being detected. A single complaint or a hit on a spam trap in an automated cadence can have a much broader impact on your sender reputation and deliverability than an isolated manual email. This is why cold emails need unsubscribe links.
Manual one-to-one emails
Volume: Typically low volume, sent directly by an individual sales representative.
Perception: May be perceived as a personal communication, but still commercial if promoting a product/service.
Risk: Legal obligation for compliance still applies, though lower risk of widespread blocklist (or blacklist) issues due to lower volume.
Automated sales cadences
Volume: Can quickly scale to high volumes, even if spread out over time. Automated tools track and manage sends.
Perception: Designed for efficiency and scale, clearly commercial despite personalization efforts.
Risk: Heightened risk of detection and penalties if not compliant due to systemic sending. More likely to trigger anti-spam filters.
It's important to understand that the use of automation tools like SalesLoft, while beneficial for scaling outreach, does not negate the need for CAN-SPAM compliance. In fact, it often makes it more critical, as non-compliance can have a wider and faster negative impact on your email program. For more insights on this, you can check our article on when automated sales emails require an unsubscribe link.
Implementing CAN-SPAM requirements
Once an email is classified as commercial, CAN-SPAM mandates several key requirements that must be met. These are non-negotiable for all commercial messages, regardless of the sending method.
CAN-SPAM compliance essentials
Truthful information: Your From,To, and Reply-To fields, as well as the routing information, must be accurate and identify the person or business initiating the message. Misleading headers are prohibited.
No misleading subject lines: The subject line must accurately reflect the content of the message. Avoid deceptive subject lines that might trick recipients into opening the email. For example, Re: Your Account should only be used if it's genuinely a reply about an existing account.
Advertisement disclosure: The email must include a clear and conspicuous disclosure that it is an advertisement or solicitation. This can be as simple as adding [AD] or Advertisement in the email body.
Valid physical address: Every commercial email must include a valid physical postal address of the sender. This can be your company's street address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency. We delve into this more in our article about whether CAN-SPAM requires a physical address in transactional emails.
Clear opt-out mechanism: You must provide a clear and conspicuous way for recipients to opt out of receiving future commercial emails from you. This link must function for at least 30 days after the email is sent, and you must honor opt-out requests within 10 business days. Learn more about two-click email unsubscribe process compliance.
For sales cadences, it's crucial that the unsubscribe link is included in every commercial email. Automated tools often provide this functionality, and it should be enabled and configured correctly. While it might seem counter-intuitive to offer an opt-out in a sales sequence, it's a legal requirement that protects your business from potential fines and helps maintain a healthier sender reputation.
Here's an example of how a compliant unsubscribe footer might look in a commercial sales email:
Example CAN-SPAM compliant email footer
You are receiving this email because you expressed interest in our services. This is an advertisement.
To unsubscribe from all future commercial messages, click here: [Unsubscribe Link]
[Your Company Name]
[Your Company Street Address]
[City, State, Zip Code]
Beyond legal compliance: deliverability and reputation
Beyond the direct legal implications of CAN-SPAM violations, there are significant deliverability and sender reputation consequences. Email service providers (ESPs) and internet service providers (ISPs) actively monitor sending practices for signs of unwanted mail. Even if an email technically complies with CAN-SPAM, if it consistently receives complaints or is marked as spam, it can severely impact your ability to reach the inbox.
Being placed on a blocklist (or blacklist) is a major risk for non-compliant or poor-performing sales outreach. These lists are maintained by various organizations and ISPs to identify and block mail from senders associated with spam. Once on a blocklist, your emails may be rejected by a wide range of recipients, severely hampering your outreach efforts. Understanding how email blacklists work is essential.
A damaged domain reputation means that even legitimate, compliant emails from your domain are more likely to be filtered into spam folders. This goes beyond legal compliance and affects the fundamental effectiveness of your email strategy. Tools like SalesLoft and other sales engagement platforms are powerful, but they amplify both good and bad sending practices. In our article, how to prevent sales teams' email practices from harming domain reputation, we explain how to mitigate these risks.
Even if your company adheres to CAN-SPAM, poor sending habits can lead to issues. This includes sending to unverified lists, high bounce rates, and low engagement. These factors can cause ISPs to flag your emails as spam, regardless of legal compliance. It's a balance between legal adherence and maintaining a positive sender reputation for effective outreach. More broadly, our guide why your emails are going to spam covers common pitfalls and solutions.
Aspect
Legal compliance (CAN-SPAM)
Deliverability and sender reputation
Focus
Adherence to specific rules to avoid legal penalties.
Ensuring emails reach the inbox and are not marked as spam.
A proactive approach to compliance and deliverability will prevent long-term damage to your email program.
Even if you comply with the law, you can still be seen as a spammer by recipients and ISPs, leading to blocklisting.
Expert view
Expert from Email Geeks says that CAN-SPAM focuses on the commercial nature of an email, not whether it is sent in bulk. If an email promotes a commercial activity or transaction, it requires a simple and clearly described unsubscribe mechanism.
2019-09-16 - Email Geeks
Expert view
Expert from Email Geeks states that while CAN-SPAM applies to all commercial emails, the risk of detection is lower for low-volume, manual sends compared to automated tools. The difference is in the risk of being called out based on a CAN-SPAM violation.
2019-09-16 - Email Geeks
Safeguarding your outreach
In conclusion, both individual sales emails and automated sales cadences require CAN-SPAM compliance if their primary purpose is commercial. The law focuses on the content and intent of the message, not the volume or method of sending. Adhering to requirements like clear identification, a valid physical address, and an easy-to-use unsubscribe mechanism is not just a legal obligation but also a crucial component of good email deliverability.
While legal compliance helps avoid penalties, true success in sales outreach comes from balancing these legal requirements with best practices that foster a positive sender reputation and ensure your emails actually reach their intended recipients' inboxes. Always consult with your legal department to confirm your specific compliance needs and prioritize a recipient-centric approach to all your email communications.
