Are cold outreach 'best practices' actually illegal spam tactics?

Email marketer from Litmus explains that while sending unsolicited email is not illegal, it must comply with CAN-SPAM, including providing an opt-out mechanism, a physical postal address, and avoiding deceptive subject lines.

Email marketer from Reddit states that some 'best practices', like hiding unsubscribe links or making them difficult to find, are direct violations of CAN-SPAM and will likely result in penalties and a damaged sender reputation.

Email marketer from Reddit shares their opinion that the biggest legality issue with cold email is not ensuring the data being used is GDPR compliant, emphasizing the need to know where the email was sourced from. Not having consent can be a big issue.

Email marketer from Hunter.io shares that cold email is legal when used responsibly, in a targeted way and in compliance with data protection regulations like CAN-SPAM, GDPR, and others.

Email marketer from Klenty explains that cold email is illegal if you do not provide an option to unsubscribe, the email consists of misleading content, or the contact information was attained illegally.

Email marketer from Woodpecker explains that the line between ethical and unethical cold email is crossed when the sender prioritizes quantity over quality, disregards the recipient's needs, or fails to provide an easy way to opt-out.

Email marketer from Gmass shares that cold email is legal if you follow CAN-SPAM Act and GDPR guidelines and you follow best practices to improve email deliverability.

Email marketer from Warrior Forum cautions against overly aggressive tactics such as frequent follow-ups without providing value. He explains that this can lead to recipients marking the emails as spam and damaging the sender's reputation, thus not being a good 'best practice'.

Email marketer from SalesHandy shares that while cold emailing itself isn't illegal, failing to adhere to laws like GDPR and CAN-SPAM makes it unlawful. They emphasize respecting recipient privacy, providing clear opt-out options, and sending relevant, personalized emails.

Email marketer from Reply.io explains that cold email is not illegal and you can reach out to prospects who haven’t subscribed to your list. However, you must follow legal regulations like GDPR and CAN-SPAM and collect email addresses in a legitimate manner.

Expert from Spam Resource explains that 'legitimate interest' under GDPR is often misused to justify cold emailing. She explains that it's important to do a balancing test, carefully weighing the sender's interests against the rights and freedoms of the data subject, which is often ignored.

Expert from Email Geeks shares their experience of turning down a client due to wrecked domain reputation from cold leads, highlighting that such strategies often involve burning through resources and are becoming less effective as Gmail and Microsoft improve their spam detection.

Expert from Spam Resource shares that one needs to know the definition of commercial as it pertains to the CAN-SPAM Act. This can be broken down into 3 categories: Commercial, Transactional, and Other. So it boils down to the intent of the email to define which category it falls into.

Expert from Word to the Wise covers GDPR and what it means for emailers. If your company sends email to anyone in the EU, or collects information from people in the EU, this law applies to you. The GDPR specifies that a business must have an explicit lawful basis for sending email to an individual. One such basis is consent, and businesses are required to obtain explicit consent to send marketing email.

Expert from Email Geeks explains that the lack of an unsubscribe is blatantly violating CAN SPAM, and rotating domains or content to avoid filters are spammer tactics.

Expert from Email Geeks clarifies that while reply-to-opt-out is compliant with US law, many companies don't maintain a central opt-out database, meaning opting out from one rep doesn't stop all spam from the company. Many also don't include a postal address, which is a violation.

Documentation from Mailjet explains that some cold outreach practices such as using purchased lists, lacking clear opt-in, and failing to follow the rules around data privacy can lead to emails being classified as spam and damage sender reputation.

Documentation from Federal Trade Commission details the main requirements of CAN-SPAM, which include not using deceptive subject lines, providing a clear opt-out method, honoring opt-out requests promptly, and including a physical postal address.

Documentation from GDPR.eu states that under GDPR, legitimate interest can be a lawful basis for processing personal data for direct marketing, but it requires a careful balancing act, including demonstrating a real business need and considering the individual's reasonable expectations and rights.