# What's the legal difference between e-mail spam and B2B Cold-Email Prospecting? **URL:** \ **Category:** Factual Questions\ **Created:** [April 10, 2015, 3:09am UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288 "2015-04-10T03:09:36Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![andrea\_green](https://avatars.discourse-cdn.com/v4/letter/a/ecccb3/32.png) [@andrea\_green](https://boards.straightdope.com/u/andrea_green)\ **Post date:** [April 10, 2015, 3:09am UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/1 "2015-04-10T03:09:36Z")
I recently interviewed for a sales job for a successful silicon valley technology company. My role would be talking to prospective clients on the phone about a Software-as-a-Service platform for businesses. I inquired where all my leads would be coming from and it was explained to me that the company has a sophisticated cold-emailing system in place. Is it legal to send unsolicited (but highly-targeted) e-mails to thousands of CEOs? It certainly seems like it’s common practice. Here is an e-mail I saw a while ago from the founder of one of the fastest-growing billion-dollar startups in California. Why isn’t this considered Spam? ---------- Forwarded message ---------- From: Date: Thu, Oct 9, 2014 at 9:16 AM Subject: Something of interest? To: Hi Andrea, A friend in the advertising space recommended I reach out to you about Zenefits (), and I would very much like to grab a few minutes of your time to discuss. We do something really boring, but really valuable. The great thing about our software, besides the fact it’s free, is that it gives you a single place to manage your payroll, benefits, and compliance. It also automatically takes care of all the administrative HR headaches you don’t want to deal with (health insurance enrollments, payroll deductions, Affordable Care Act, etc.), and don’t want your team spending time on either. I really think we can save Pressfriendly a bunch of time (and, possibly, money) dealing with this stuff, and I would love to show you how. Is there some time this week that works well for you? - Parker 303 Second St, San Francisco, CA State Licenses Don’t email? ---
**Author:** ![andrewm](https://avatars.discourse-cdn.com/v4/letter/a/c57346/32.png) [@andrewm](https://boards.straightdope.com/u/andrewm)\ **Post date:** [April 10, 2015, 1:22pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/2 "2015-04-10T13:22:18Z")
Apparently it’s not illegal (to email consumers or businesses) as long as you follow certain rules about identifying the advertisement, allowing opt-out, etc. > **[CAN-SPAM Act: A Compliance Guide for Business](https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-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... ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 10, 2015, 1:37pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/3 "2015-04-10T13:37:01Z")
**andrewm** is correct. E-mail spam is not _per se_ illegal. Not sure why you’d contact CEOs about an HR-specific product though. ---
**Author:** ![andrewm](https://avatars.discourse-cdn.com/v4/letter/a/c57346/32.png) [@andrewm](https://boards.straightdope.com/u/andrewm)\ **Post date:** [April 10, 2015, 5:13pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/4 "2015-04-10T17:13:45Z")
Contacting CEOs about an HR service doesn’t seem too crazy. There are tons of small businesses that don’t have a dedicated HR person, so the CEO/owner is handling all things HR. And that would seem to make them a perfect market for what sounds like an outsourced HR service. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 10, 2015, 5:22pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/5 "2015-04-10T17:22:01Z")
Hmmm. After looking at the service it appears you’re right. It’s more of an outsourcing platform so definitely small-business-oriented. ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [April 10, 2015, 5:59pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/6 "2015-04-10T17:59:09Z")
> [@andrewm](#): > > Apparently it’s not illegal (to email consumers or businesses) as long as you follow certain rules about identifying the advertisement, allowing opt-out, etc. > > [https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business](https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business) Virginia’s [spam law](https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-152.3C1) only bans spam to the extent that it involves spoofing message headers or otherwise disguising the origins of the spam, or attempting to do so. Just sending UCE is apparently not a violation if you send unspoofed emails with real contact information. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [April 12, 2015, 4:00pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/7 "2015-04-12T16:00:49Z")
The main requirement of legitimate UCE is that you can opt out. As long as your company does that, and isn’t trying to hide who you are, it’s perfectly okay. The real winner for the anti-spam was electronic, not legal. ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [December 7, 2015, 2:21pm UTC](https://boards.straightdope.com/t/whats-the-legal-difference-between-e-mail-spam-and-b2b-cold-email-prospecting/717288/9 "2015-12-07T14:21:53Z")
**"And most of these emails or track from their IP as well as people mark them as spam."** I’m sorry, but I can’t begin to make sense of this sentence. Can someone help me out?