Question about lead generation

[LiamMichael]

Hi all, I'm starting an email marketing agency. I've watched content online saying not to email people without permission.

My question is: can we email completely cold leads without permission? Or do they have to have given permission through some form of subscribing option (such as a lead magnet FB ad etc...)?

Thanks

 

[Graybeard]

cold leads without permission?

That is spam --no
You need an opt-in SOI or DOI

What is the source of the leads? Scraped or from a third party list with an opt-in?

This applies to the CAN-SPAM Act --most legitimate email SMTP services will comply.

 

[ZedGZ]

Hi @LiamMichael,

You don't necessarily need to get a user's consent to email them.
It will depend on what email you are sending.
If your email agency plan is to work with some e-commerce brands, for example, sending transactional emails (orders and shipping confirmation) is allowed without consent.
If you plan on sending B2B emails, it will depend on which laws applied CAN-SPAM/GDPR/...
If you are planning to send advertising/marketing content, then as Graybeard mentioned already, you need permission to do so.

 

[LiamMichael]

Thanks guys that cleared a lot up for me.

 

[RickRichi]

cold emails are legal—and cold email campaigns work. you have to test it at least , because it can be spam also.

 

[Graybeard]

cold emails are legal

Not in the US.

CAN-SPAM Act: A Compliance Guide for Business

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

www.ftc.gov

Nothing is illegal until you get caught. Realistically, if you are using a SMTP service they will just close your account and blacklist you.

In extreme cases, people have been arrested when entering the county on spam charges.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Q. What are the penalties for violating the CAN-SPAM Act?

A. Each separate email in violation of the law is subject to penalties of up to $46,517, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Email that makes misleading claims about products or services also may be subject to laws outlawing deceptive advertising, like Section 5 of the FTC Act. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties – including imprisonment – for:

• accessing someone else’s computer to send spam without permission,
• (permission means SOI or DOI) some sort of optin