There are many business owners who break the law in the way they send email to sell their products and services to prospects.
As a general rule, cold emails are illegal spam.
Why?
“Spam” is defined as “unsolicited commercial email.” There are three parts to this test when marketing.
1. Is it unsolicited? Unless the prospect has opted in to receive sales pitches, then it’s unsolicited.
2. Is it commercial? An email wishing someone happy birthday isn’t commercial in nature. However, mailing about products or services to buy is commercial.
3. Is it an email? Sending an advertisement by postal mail may be considered junk mail yet it isn’t an email.
You can learn more in my book the “Quick Legal Guide to Email Marketing.”
Unfortunately, there are digital marketing agencies and social media “influencers” who blatantly break the law and appear shocked when they either get sued or prosecuted by the government for spamming.
Of course, there’s also the content of what you put in your email marketing campaigns. Obeying anti-spam laws is just one piece of the puzzle. For example, you’ll want to ensure the sales copy complies with the law.
