Glossary
What Is the CAN-SPAM Act?
The CAN-SPAM Act is a US federal law (2003) that sets rules for commercial email. It requires businesses to include opt-out mechanisms, physical addresses, and honest subject lines in marketing emails. Violations can result in fines up to $51,744 per email.
If you're emailing real estate agents — or anyone — for commercial purposes, CAN-SPAM compliance is mandatory. The good news: following the rules is straightforward.
CAN-SPAM requirements
1. **Don't use false header information** — Your "From," "To," and routing information must be accurate 2. **Don't use deceptive subject lines** — The subject must reflect the content of the email 3. **Identify the message as an ad** — If it's a commercial message, disclosure is required (though a brief, non-deceptive sales email often satisfies this implicitly) 4. **Include your physical address** — A valid postal address (PO boxes count) 5. **Tell recipients how to opt out** — Every email needs a clear unsubscribe mechanism 6. **Honor opt-outs promptly** — Process unsubscribe requests within 10 business days 7. **Monitor third parties** — You're responsible for emails sent on your behalf
Common misconceptions
- "I need permission before emailing" — CAN-SPAM doesn't require prior consent for B2B emails. You can email business contacts as long as you comply with the rules above. (Note: GDPR is stricter if you're emailing EU contacts.) - "Buying an email list is illegal" — Buying B2B contact data is legal. How you use it must comply with CAN-SPAM. - "One violation means a lawsuit" — Enforcement is typically against repeat offenders or egregious spammers, but individual emails can technically carry penalties.
Best practices when emailing agents from a purchased list
- Use a professional domain (not gmail.com) - Warm up your sending domain before high-volume sends - Keep unsubscribe rates low by sending relevant, useful content - Remove bounced addresses promptly - Don't email anyone who has unsubscribed
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