Is ZoomInfo's interpretation of CAN-SPAM accurate regarding email marketing best practices?

Summary

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.

Key findings

  • CAN-SPAM Limited: CAN-SPAM provides a legal minimum, not a best practice standard.
  • Opt-in Essential: Explicit opt-in consent is crucial for building trust and reputation.
  • GDPR Contrast: CAN-SPAM's opt-out approach differs significantly from GDPR's stricter opt-in rules.
  • Deliverability at Risk: Ignoring consent and relying only on CAN-SPAM damages deliverability.
  • ESPs Enforce Stricter Rules: ESPs often have more stringent requirements than CAN-SPAM.

Key considerations

  • Obtain Consent: Prioritize obtaining explicit consent (opt-in) from subscribers.
  • Maintain Lists: Regularly clean email lists to remove inactive or unengaged subscribers.
  • Provide Value: Offer valuable and relevant content to keep subscribers engaged.
  • Monitor Reputation: Monitor sender reputation and address spam complaints promptly.
  • Go Beyond Legal: Strive for email marketing best practices beyond basic CAN-SPAM compliance.

What email marketers say
12Marketer 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.

Key opinions

  • CAN-SPAM Minimum: CAN-SPAM sets the legal floor, not a best practice benchmark.
  • ESP Requirements: ESPs often have stricter consent requirements than CAN-SPAM.
  • Deliverability Impact: Ignoring consent damages sender reputation and deliverability.
  • GDPR Contrast: CAN-SPAM's opt-out approach contrasts with GDPR's stringent consent rules.
  • Purchased Lists Risk: Purchasing email lists, even if CAN-SPAM compliant, leads to spam complaints.

Key considerations

  • Explicit Consent: Prioritize obtaining explicit consent for email subscriptions.
  • Clean Lists: Maintain clean email lists by regularly removing inactive subscribers.
  • Content Relevance: Provide valuable and relevant content to keep subscribers engaged.
  • Monitor Reputation: Monitor sender reputation and address spam complaints promptly.
  • Go Beyond Compliance: Strive for best practices beyond basic CAN-SPAM compliance.
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.

January 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.

August 2021 - EmailKarma
Marketer view

Email marketer from SuperOffice compares GDPR to CAN-SPAM. CAN-SPAM provides a baseline set of rules to follow, but with laws like GDPR, it falls short in terms of protecting personal data.

June 2021 - SuperOffice
Marketer view

Marketer from Email Geeks shares a verbatim statement from ZoomInfo claiming that opt-in emails aren't necessary as long as recipients have the opportunity to opt-out, citing CAN-SPAM.

February 2024 - Email Geeks
Marketer view

Email marketer from StackExchange discusses implied consent. They explain that while implied consent (e.g. someone giving you their business card) might technically meet CAN-SPAM, it's not best practice and risks damaging your sender reputation and deliverability.

August 2021 - StackExchange
Marketer view

Email marketer from Reddit states that purchased email lists can be disastrous, even if technically CAN-SPAM compliant, because recipients didn't explicitly request the emails and are likely to mark them as spam.

December 2021 - Reddit
Marketer view

Email marketer from Gmass says that while CAN-SPAM allows opt-out, cold email is risky if you don't have consent. Focus on relevance, personalization, and targeting to make cold email more acceptable.

July 2021 - Gmass
Marketer view

Email marketer from Klenty states that ignoring recipient consent and spam complaints can damage your sender reputation. Focus on building a clean email list with the double opt-in method and improving your sender reputation by sending quality content.

May 2023 - Klenty
Marketer view

Email marketer from Email Geeks clarifies that CAN-SPAM is not the only consideration; ESP contracts and mailbox provider requirements also dictate email sending policies for successful delivery.

June 2021 - Email Geeks
Marketer view

Email marketer from Email Geeks recounts a case where a ZoomInfo rep falsely claimed their data was compliant with SocketLabs' policies, emphasizing that ZoomInfo's data practices are often non-compliant.

October 2023 - Email Geeks
Marketer view

Email marketer from Email Geeks explains that Zoominfo is acknowledging ESP policies, and saying the reason the ESPs have these policies is to cover themselves - which isn’t true.

January 2024 - Email Geeks
Marketer view

Email marketer from Twitter shares that while CAN-SPAM allows opt-out, relying solely on it ignores industry best practices and ESP requirements, which often demand explicit consent.

April 2023 - Twitter

What the experts say
2Expert 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.

Key opinions

  • CAN-SPAM Inadequacy: CAN-SPAM compliance alone is insufficient for email marketing success.
  • Opt-in Importance: Explicit opt-in consent is crucial for building a positive sender reputation.
  • GDPR Contrast: CAN-SPAM differs significantly from GDPR in its consent requirements.
  • Deliverability Link: Best practices improve deliverability and engagement, exceeding CAN-SPAM.

Key considerations

  • Obtain Explicit Consent: Focus on obtaining explicit consent from subscribers before sending emails.
  • Maintain Clean Lists: Regularly clean and maintain email lists to improve engagement and deliverability.
  • Provide Valuable Content: Create and deliver valuable content to keep subscribers engaged and reduce spam complaints.
  • Go Beyond Legal: Strive for best practices in addition to simply meeting the legal requirements of CAN-SPAM.
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.

July 2023 - 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.

May 2021 - Word to the Wise

What the documentation says
3Technical 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.

Key findings

  • CAN-SPAM Scope: CAN-SPAM focuses on opt-out and truthful messaging, not opt-in consent.
  • Permission Marketing: Explicit consent (permission marketing) is crucial for trust and reputation.
  • Deliverability Challenge: CAN-SPAM compliance alone doesn't guarantee inbox placement.
  • Evolving Landscape: Mailbox providers are constantly evolving their spam filtering techniques.

Key considerations

  • Prioritize Opt-in: Implement opt-in processes to gain explicit consent from subscribers.
  • Build Trust: Focus on building trust and rapport with your audience.
  • Stay Updated: Stay updated on the latest deliverability best practices and mailbox provider policies.
  • Beyond Legal: Go beyond the minimum legal requirements of CAN-SPAM to achieve optimal results.
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.

December 2024 - 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.

January 2025 - Sendgrid
Technical article

Documentation from the Federal Trade Commission explains that the CAN-SPAM Act sets rules for commercial email, requires giving recipients an opt-out method, and prohibits deceptive subject lines. It does not require opt-in consent.

June 2022 - Federal Trade Commission