Sending cold emails can feel like tiptoeing through a minefield. You want to connect with a potential buyer, yet you’re terrified of getting flagged as spam. After all, who really enjoys getting spammy emails? No one. So, how do you send effective cold emails that don’t end up in the dreaded spam folder? One way to do this is by understanding the difference between cold emails and spam. This article will unpack the nuances of cold email vs spam and help you achieve your goals, like sending cold emails that consistently reach inboxes, get opened, and generate qualified responses, without being flagged as spam. Also, what is warm email?

Inframail’s email infrastructure solution can help readers reach their objectives by improving email deliverability. The higher your email deliverability, the better your chances of avoiding the spam folder and reaching your prospect's inbox!

Table of Contents

• Are Cold Emails Considered Spam?

• Cold Email vs Spam Differences

• 4 Common Cold Email Mistakes That Look Like Spam

• 9 Handy Cold Emailing Tips To Avoid Being Marked as Spam

• Start Buying Domains Now and Set Up Your Email Infrastructure Today

Are Cold Emails Considered Spam?

No, cold email is not spam. But if you have the wrong approach to cold email, some recipients (not to mention spam-fighting organizations and/or governments) might think it’s spam.

There are two definitions of spam: the general definition:

• You and I both know

• The legal one

You’ll know that an email is spam when your first instinct is to delete it and report the sender. These are the junk emails and the trash in your inbox that Google neglected to filter. Most of these emails either have nothing of value to offer or their value is muddled by poor, promotion-heavy copy. Regarding legality, categorizing a message as spam depends on the sender’s and receiver’s respective countries. In the U.S., a definitive framework for spam is outlined under the CAN-SPAM Act. If your email doesn’t follow the framework, it’s officially spam. So, back to the original question: is cold email spam? Again, it can be. Right now, it’s likely that many of the messages in your inbox or junk folder are spam. 

What are spam emails?

Spam emails, or junk mail, are unsolicited messages sent in bulk to large numbers of non-targeted recipients simultaneously via email. Think get-rich-quick ads and link-exchange requests from black-hat websites. Spam emails are annoying. But they can also be dangerous, ranging from unwanted commercial advertisements to phishing attacks from fraudsters. In 2003, the United States Congress passed the CAN-SPAM Act to regulate email messaging and protect recipients. 

What is the CAN-SPAM Act?

The CAN-SPAM Act is a U.S. law that outlines the requirements for commercial messaging. It restricts “commercial electronic mail messages,” which it defines as messages where “the primary purpose … is the commercial advertisement or promotion of a commercial product or service (including content on an internet website operated for a commercial purpose).” It gives quite a bit of leeway for “transactional” or “relationship” messages. And the Federal Trade Commission has clarified that CAN-SPAM “doesn’t require initiators of commercial email to get recipients’ consent before sending … there is no opt-in requirement.” 

CAN-SPAM Act: Defining and Complying with Commercial Email Rules

CAN-SPAM classifies a commercial message as spam if it uses “header information that is materially false or misleading, meaning a false or deceptive line, email address, domain name, or IP address. It also classifies a message as spam if it uses a deceptive subject line, does not have “clear and conspicuous identification that the message is an advertisement or solicitation,” does not have a valid “physical postal address of the sender,” and does not include the ability to opt out. 

CAN-SPAM Compliance: Cold Emails and Non-Commercial Messages

So as long as you’re straightforward with your subject lines, who you are, and what you’re selling, and as long as you give recipients a chance to opt out and honor their opt-out requests, your cold emails should not hit the CAN-SPAM definition of spam. As for non-commercial messages, CAN-SPAM isn’t interested in those. Non-commercial bulk email is not defined as spam under CAN-SPAM, so if you’re sending mass emails that aren’t commercial, technically, you don’t even have to include an unsubscribe link. (This is also true for political campaign emails, even though those ask for money.) 

What are Cold Emails?

Cold emails are unsolicited emails sent to prospects without prior contact to build a business relationship. They are favored in B2B sales as a medium to start a relationship with prospects. Salespeople consider them 40% more effective than social media in generating new customers. B2B buyers prefer to communicate with salespeople through direct email. But if everyone loves them, why do cold emails get such a bad rap? Emails are cost-effective and can be an excellent revenue-generation channel. As a result, businesses often make the mistake of executing cold outreaches in the same way spam emails are sent. 

This includes: 

• Buying contact lists without verifying sources 

• Sending emails without qualifying your leads 

• Sending emails that are irrelevant to the receiver 

• Sending bulk emails with generic templates and unpersonalized messages 

These kinds of emails prospects delete without even bothering to open them. So to get their attention, you need to understand the difference between direct emailing and spam.

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Cold Email vs Spam Differences

While often confused, cold emails and spam are not the same. The difference between cold outreach and spam is in the eye of the beholder (i.e., the recipient), explains Alex Birkett, co-founder at Omniscient Digital. Generally speaking, spam is sent via mass messaging and gives little to no value to the recipient. Good cold outreach is sent to a person and intrudes on their life politely (i.e., by providing something of actual value). 

How Do You Differentiate Cold Email From Spam? 

Here’s what a cold email looks like:

Subject:{{First Name}}, quick question about {{Company Name}}

Hey {{First Name}},

I noticed that {{Company Name}} is {{specific observation about their business}}. A lot of {{industry/niche}} companies struggle with {{pain point}}, and it can be frustrating when {{agitate the problem briefly}}.

We help businesses like yours by {{solution in one sentence}}. For example, {{similar company}} saw {{specific result}} after implementing this.

Would it be worth a quick 10-minute chat to see if this could work for you too?

Let me know what works for you!

Best,

{{Your Name}}

{{Your Company}}

{{Your Contact Info}}
Here’s what a spam email generally looks like:

1. Cold Emails Are Intentional and Provide Value to the Receiver 

Compared to spam emails, cold emails are more thoughtful and cater to the recipient's needs rather than what you can get from them. Spam emails are generic and often irrelevant to the recipient. “Cold emails are more customer-centric, and require researching the recipient to make sure the message is valuable to them,” explains Natalia Brzezinska, Marketing & Outreach Manager at PhotoAiD. “Spam, on the other hand, is fully product-centric. It doesn’t matter who the recipient is. The email’s supposed to introduce a product or service and it does just that.”

2. Cold Emails Are Personalized 

Unlike spam, which is sent to as many people as possible, a cold email is sent to prospects who have been vetted and match your ideal customer profile (ICP). Instead of using the spray-and-pray approach, the messaging is targeted and created for one person. With the tech stack options available to businesses today, it’s easy to learn about your customers and scale personalization for a large user base. Adding that extra touch shows you’ve researched your customer and considered how your product could be of value to them. This makes a massive difference in separating your cold emails from spam. 

3. Cold Emails Follow the CAN-SPAM Act 

Remember the CAN-SPAM Act guidelines we listed above? A cold email ticks all the boxes. Spam emails are less likely to follow the CAN-SPAM guidelines, which means they’re often illegal. In contrast, cold emails are sent to qualified leads, and senders are transparent about: 

• Who it’s coming from and the business behind it, including your:

  Website

  Social media pages

  The LinkedIn page of the sales rep initiating contact 

• Why are they getting in touch? 

• The option to quickly and easily opt out of receiving cold emails from you. 

4. Honesty About Their Purpose 

Another critical difference between cold emails and spam is the straightforwardness about their purpose. Cold emails are always honest about their intent. The subject lines of cold sales emails usually indicate their purpose and don’t leave the recipient guessing what the message is about. Cold emails aim to build trust with a potential client to start a conversation about how the sender can help with the prospect’s unique pain points. After all, legitimate businesses don’t need to be secretive or hide behind a false subject line. They’ll be direct and transparent about the purpose of the email and details like contact numbers and addresses.

Identifying Spam Emails: Characteristics and Tactics

In contrast, spam emails mostly use ambiguous subject lines and sometimes even deceptive or clickbait subject line ploys unrelated to the actual message. Their aim is just to get the recipient to open the email. That’s why almost all spam emails often mask themselves as a promotion or “ultimate solution” to some problem. They usually contain misleading:

• Subject lines

• Gimmicks

• Flashy words

• Suspicious links

• Other spam triggers

They never tell you how they got your email address or why they chose to email you specifically. 

5. How the Sender Obtains Recipient Email Addresses 

Another key difference between spam emails and legitimate cold emails is how the sender obtains the recipient's contact information, such as their email address. Cold email recipient addresses are usually obtained by searching online for prospects who would benefit from the sender’s offering. You can browse through LinkedIn, Twitter, and other social media platforms or use email-finding tools like Voila Norbert or Clearbit Connect to find a prospect’s email address. 

Email Verification: Ensuring Deliverability and Avoiding High Bounce Rates

Once you’ve compiled the list of emails, you can further refine your mailing list and reduce your bounce rate by using email verification tools like:

• Bounceless

• Zero Bounce

• Better yet

GMass’s free email verification tool. This will ensure the addresses on the list are functional and valid. Spammers usually purchase mail lists or use bots that crawl the internet and compile lists of random email addresses. Then, they send emails to every address on their list, whether these addresses are functional or not, resulting in a high bounce rate.

4 Common Cold Email Mistakes That Look Like Spam

1. Generic Opener Syndrome: Why Most Cold Emails Start Off on the Wrong Foot 

Opening your cold emails with phrases like “Just checking in,” or “Touching base” signals to spam filters that you’re up to no good. Recipients know these lines mask empty follow-ups. Instead, add value right at the start of every cold email, whether by sharing relevant industry insights, referencing new challenges, or offering specific solutions. 

2. Targeting Malpractice: The Art of Getting Personal with Your Cold Emails 

Poor targeting kills credibility. Pitching enterprise software to small businesses or contacting roles that don’t make buying decisions shows you didn’t do your research. Each mistargeted email damages your domain reputation. Instead, look for signals that reveal a contact’s interest in your offering. Personalizing your email based on this research will increase your chances even more. 

3. Technical Red Flags: The Spam Filter Signals You Can’t Ignore 

Missing SPF records, incorrect DKIM authentication, or sudden spikes in sending volume trigger spam filters. Proper domain setup and consistent sending patterns keep your messages in primary inboxes. 

4. Follow-up Fatigue: The Dangers of Aggressive Email Sequences 

Aggressive follow-up sequences kill response rates. Sending eight emails in ten days isn’t persistence, it's harassment. Space your follow-ups naturally, vary your messaging, and know when to stop. Professional persistence respects boundaries.

Related Reading

• How to Send an Email to a Prospective Client
• Best Email Warm Up Tools
• Cold Email Manifesto
• How to Warm Up an Email Address
• Cold Email Manifesto
• How to End a Cold Email
• How to Cold Email a Recruiter

9 Handy Cold Emailing Tips To Avoid Being Marked as Spam

1. Build Your Email Sender Reputation (ESP)

Your email sender's reputation determines whether your emails get delivered or sent straight to the spam folder. Internet service providers (ISPs) like Gmail use your sender score to gauge your trustworthiness as an email sender. The higher your score, the better. Various factors determine your email sender reputation, including: 

• Your domain reputation.

• The number of emails sent by your organization.

• The number of recipients who mark the organization’s emails as spam.

• Your email bounce rates.

• Your unsubscribe rate, link click rate, open rate, and how recipients engage with your emails.

If you want to protect or build your ESP, here are some tips from marketing experts: 

Start Small

When starting your cold email strategy, one of the biggest mistakes you can make is sending out emails in bulk. Instead, spread emails over time so that email service providers don’t flag unusual activity, signaling that you might be sending spam. You want to “warm up” your inbox by sending emails regularly. 

Prune Your Email List Regularly

Getting new leads to opt-in to your email list is as important as weeding out leads who receive nasty emails or do not open your emails. When your emails are ignored or not delivered, your engagement rate declines, and algorithms are more likely to classify you as a spammer. Your goal is to connect with audiences who will find your content valuable. By letting go of leads you can't connect with and moving on to new ones, you'll be better positioned to foster new opportunities.

Follow Best Practices

In addition to the CAN-SPAM Act guidelines, following best practices can help prevent recipients and email service providers from flagging your email as spam. 

2. Personalize Your Message

Personalization is a key difference between spam and cold emails. Personalization means you NEED to make your outreach valuable to the person you're trying to engage with. Personalized cold outreach is value-driven, centered on what the customer needs rather than what you can get from them. When a cold outreach is personalized, the sender understands that the cold email begins a conversation that could lead to a business relationship. As a result, you think about how your product benefits the prospect. For example, if someone just moved to a new role, they’ll appreciate a case study on achieving success in their industry over a discount.

How do you personalize your emails to ensure they’re relevant to your prospects? 

Know Your Customer

Using pre-call/email research to create relevant outreaches will save you time and improve your chances of getting a response from the prospect. It also helps to determine if the prospect matches your Ideal Customer Profile (ICP). 

Write for a Person

Writing for one person allows you to create email messages that prospects can relate to. Most research on email marketing shows that people who get many emails are overwhelmed by their impersonality and low-quality content. 

Be Careful With Email Templates

Though templates are created to make sending emails easier, they can be flagged as spam by the ESP algorithm when used in bulk emails or contain words often used in junk email, such as: 

• Free

• Act now

• Discount

• Guaranteed

In the B2B space, your sales email is going to someone who receives a lot of pitches. So instead of sending out generic messages, create custom sales emails relevant to the recipient. 

Use Data Enrichment Tools

Another way to ensure your email is relevant is by using data enrichment tools to enhance your raw data. The correct data enrichment tools provide deeper customer insights for timely and relevant outreach. 

3. Maintain Clean and Accurate Data

Rising data concerns have led to tighter data security laws. Besides the CAN-SPAM Act, GDPR laws should be considered when building a database and launching a cold outreach strategy. The good news is that sending cold emails is not illegal. 

You just have to ensure: 

• Your reason for reaching out is apparent.

• You explain how your product is relevant to the prospect and their business.

• You provide options for recipients to opt out of receiving emails. 

You’ll need to ensure your data providers comply with the laws and policies in your region. You should also clean and update your data regularly to reach the right email addresses and reduce your bounce rate, since this can impact your ESP and have you flagged as spam. 

4. Target Warm Prospects

Cold email prospecting may be unpopular and dreaded by sales reps. However, studies have shown that it’s still the preferred method of communication for B2B buyers. Instead of avoiding contacting cold leads, improve your cold outbound by targeting warm prospects like your past customers, prospects, and champions.

There are so many benefits to this strategy, including: 

• Generating a qualified pipeline easily and ridding your sales team of pipeline anxiety.

• Accelerating sales deals (because prospects know your product already).

• Creating a warm path into accounts. 

5. Don’t Use Deceptive Email Subject Lines

Adding whatever subject line you think will hook your prospect when sending your cold emails can be tempting, but this strategy is terrible. Remember, the subject line of your cold email should accurately reflect what the email is about. For example, avoid using a subject line like “free gift awaits you” if you aren’t offering a gift. Most people won’t even bother opening incoming emails with these deceptive subject lines. Phrases like “limited offer” or “urgent” are usually spam triggers; spam filters could send your email directly to the spam folder. 

6. Allow Recipients to Opt-Out

It’s essential to allow recipients to easily opt-out of your email list if they aren’t interested in what you have to say or just don’t want to receive commercial emails. Otherwise, you run the risk of receiving spam complaints in addition to compliance issues. Most companies usually include a single line underneath their email text with an unsubscribe link or opt-out option instructions. You could also have a line telling recipients to reply to your email and ask to be removed from my mailing list instead. 

7. Prepare Your Email Content

Now that the leads are ready and the emails are warmed up, it’s time to prepare your content. To craft effective emails, understand your audience through Ideal Customer Profiles (ICPs) and buyer personas. When it comes to content, always remember that the recipients are busy. Your email should be catchy and offer value, making it worth their time. Start with a triggering yet honest subject line that piques interest without misleading. 

Email Verification: Ensuring Deliverability and Avoiding High Bounce Rates

Regarding the email content, address them by their name and focus on their professional needs. Mention why you’re reaching out, and when pitching your product or service, place it as a solution to their requirements or needs. Your goal should be to provide them with maximum value. They should not feel like they have wasted their time; instead, they should be interested in replying and continuing the conversation. This will be only possible if you have done your research correctly. You can always use AI, but add a personalized touch. 

8. Follow Compliance With Regional Laws

Before you start your cold email campaign, follow all the laws and regulations. The laws can change depending on the region, so double-check. This headache can be easily avoided using cold email software, which will help you compose emails that comply with the laws and practices. 

9. Use Email Outreach Tools

Managing everything in your email campaign manually will be a significant burden. You will spend all your time surrounding your cold email campaign rather than writing and approaching. Time is precious. Hence, going with an email outreach tool. Most of these tools have AI, automation, and detailed analytics features. 

Related Reading

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• Investment Banking Cold Email Template
• Bulk Email Services Providers
• How Many Cold Emails to Get a Client
• How to Find Emails for Cold Emailing
• Is Cold Email Illegal
• B2B Cold Email Best Practices

Start Buying Domains Now and Set Up Your Email Infrastructure Today

Inframail is revolutionizing cold email infrastructure with unlimited inboxes at a flat rate. We provide Microsoft-backed deliverability, dedicated IP addresses, and automated technical setup to help agencies, recruiters, and SDRs scale their outreach efforts efficiently. Instead of being another cold email provider, we focus on the infrastructure that gets you to the inbox. Main benefits of using our service: 

• Automated SPF

• DKIM

• DMARC setup

Dedicated email servers for each user, and 16-hour priority support daily. 

Simplifying Email Infrastructure for Scalable Outreach

Unlike traditional providers, which charge per inbox and leave users wrestling with technical configurations, Inframail streamlines the entire process. We handle the complex infrastructure setup while you focus on reaching more prospects. Whether you're an agency looking to scale outreach, a recruiter connecting with candidates, or an SDR driving sales, InfraMail provides a robust email infrastructure without the usual technical headaches and per-inbox costs. Start buying domains now and set up your email infrastructure today with our email infrastructure tool.