Can I email customers without consent?

It depends where they are.
And how you got the address.

In the US, yes: CAN-SPAM asks for no permission, only an honest email with your address and a working opt-out. In the UK and the EU, mostly no. You need consent, unless the person bought from you (in the UK, a quote request counts too), you offered an opt-out when you took the address and in every email, and you are selling them similar things. That is the soft opt-in. Canada gives you two years after a purchase, Australia wants consent, and a bought list fails everywhere except the US.

This is general information, checked against the official texts on 29 October 2026. It is not legal advice; for your own case, ask a lawyer.

5 laws 1 says yes without asking first

By the Builderify team

Yes · send, with the opt-out Ask first · get consent Split · UK companies vs sole traders
01 / By country

Can you send marketing emails without consent?
Five laws, five answers.

The law that counts is usually the one where your reader is, not where you are. Canada’s law applies when a computer in Canada is used to send or open the email,CASL and Australia’s covers email opened there.Spam Act A UK shop with buyers in Toronto has the Canadian question too.

The US rules are in the CAN-SPAM compliance checklist, rule by rule. This page is the question before it: may you send at all?

  • United States

    CAN-SPAM Act

    No consent needed

    You may email anyone, customer or not, as long as the email is honest, carries your postal address and a working opt-out, and you stop when asked.FTC

  • United Kingdom

    PECR, enforced by the ICO

    Consent, or the soft opt-in

    People who bought from you or asked for a quote can get emails about similar products if you offered an opt-out when you took the address and in every email. Limited companies need no consent; sole traders do.PECR reg. 22

  • European Union

    ePrivacy Directive, Article 13

    Consent, or the customer exception

    The same idea as the UK, narrower: it covers addresses obtained in the context of a sale. Each country writes it into its own law, and the rules for business addresses vary.ePrivacy Art. 13

  • Canada

    CASL, enforced by the CRTC

    Express or implied consent

    A purchase gives you two years of implied consent and an enquiry six months. A business card handed to you covers email relevant to the person’s job.CASL

  • Australia

    Spam Act 2003, enforced by the ACMA

    Express or inferred consent

    Inferred consent is narrow: the ACMA says a one-off purchase or an enquiry isn’t enough. Ask, and keep the proof.ACMA

What is the soft opt-in?

It is the UK’s exception to the consent rule, in regulation 22 of PECR. You may email someone without asking first if all three are true: you got their address while selling, or negotiating to sell, them something; you only market your own similar products or services; and you offered a free, simple way to refuse at the moment you collected the address and in every email since.PECR reg. 22 The ICO counts a quote request, a free trial or asking for more details as negotiating; browsing your site isn’t.ICO Since 5 February 2026, charities have a second version for people who supported or showed interest in their cause, but only for addresses collected on or after that date.DUAA 2025 s.114

02 / Check a contact

Can I email this person?
Four questions, one answer.

Say where they are, how you got the address and what you want to send. The answer names the rule it rests on, links to the official text, and lists what every email to them needs. Run it once for each kind of contact on your list.

Where are they?
How did you get their address?
What will you send?
When you took the address, could they say no to marketing?
The answer

You can email them

Soft opt-in

This is the soft opt-in: you got the address while selling or negotiating a sale (the ICO counts a quote request), you market only your similar products or services, and you offered an opt-out when you took the address and in every email since.PECR reg. 22

What every email to them needs
  • Who you are, not hidden or disguised
  • A free, simple way to opt out, in every email
  • A valid address for opt-out requests

The tree covers email to individuals and businesses in five places. It doesn’t cover texts, calls, charities’ own soft opt-in or anyone under 18, and it is not legal advice.

03 / The grid

Who can you email without consent?
Every country, every relationship.

This assumes you are sending marketing about things like what they bought or asked about, and that you offered an opt-out when you took the address. Change either and some greens turn amber; the tree above shows which.

Whether you can send a marketing email without consent, by where the person is and how you got their address
How you got the address US UK EU Canada Australia
They bought from you Yes Opt-out law Yes Soft opt-in Yes Customer exception Yes 2 years Ask first Narrow
They asked for a quote or enquired Yes Opt-out law Yes Soft opt-in Ask first Not a sale Yes 6 months Ask first Ask first
They signed up for your emails Yes Opt-out law Yes Consent Yes Consent Yes Express consent Yes Express consent
A business contact you met Yes Opt-out law Companies: Yes Corporate Sole traders: Ask first Individual Ask first Varies Yes Business card Ask first Ask first
From a bought or rented list Yes Legal, risky No Bought list No Bought list No Bought list No Bought list

A bought list never qualifies for the soft opt-in. The ICO’s words: there is no such thing as a third-party marketing list that is compliant with it.ICO The US is the one place on this grid where the law allows it, and the CAN-SPAM guide explains why harvested addresses still get you in trouble.

05 / Receipts vs marketing

Do order confirmations need consent?
No, until you add an offer.

An email that only does a job the person asked for isn’t marketing anywhere on this page. The ICO’s test is whether it promotes anything: a service message with advertising added becomes direct marketing.ICO Canada lists the exempt kinds by name, but still wants your name and an unsubscribe in them.CASL

Which emails are service messages and which are marketing
The email Counts as Consent?
Order confirmation, receipt, delivery note Service No consent needed anywhere on this page. In Canada it still needs your name and an unsubscribe.
A quote they asked you for Service Not marketing. Canada lists it by name as a message that needs no consent.
A receipt with “10% off your next order” Marketing In the UK, adding an offer makes it direct marketing. In the US it depends on the subject and what comes first.
“We’ve updated our privacy policy” with no offer Service Fine, as long as it doesn’t slip in a promotion.
06 / An old list

What do you do with an old customer list?
Sort it before you send.

Most old lists are a mix: some people you can email, some you can only ask, some you should drop. Six steps, in order, sort one into the three.

  1. 01

    Sort it by how each address arrived

    Sign-up form, checkout, quote request, business card, spreadsheet from somewhere. If you can’t say how an address got there, treat it as the last kind.

  2. 02

    Take out anything bought, rented or scraped

    For the UK, the EU, Canada and Australia, those addresses carry no consent given to you. In the US the law allows them, but they are where complaints come from.

  3. 03

    Keep the sign-ups you can show

    A sign-up with a date, a source and the words the person saw is the strongest thing on the list.

  4. 04

    Check customers and enquiries against the rule

    UK and EU: only if you offered an opt-out when you took the address; the ICO says you can’t add it later. Canada: purchases in the last two years, enquiries in the last six months. Australia: only an ongoing relationship.

  5. 05

    Ask the rest somewhere other than their inbox

    A sign-up popup on your site, a box at checkout, a question at the counter. Anyone who says yes joins with a fresh record.

  6. 06

    Never re-add someone who unsubscribed

    An old spreadsheet is the usual way it happens. Their opt-out outlives every list you import.

07 / In Builderify

Can Builderify show how someone joined?
Every contact keeps its source.

Sign-ups from your popups, forms and quizzes land in Leads with the popup or form that produced them, so step one of sorting a list is already done. Broadcast campaigns and Sequences follow-ups read each contact’s status before they send.

  • A consent record for each sign-up

    Each time someone joins through a popup, form or quiz, Builderify keeps how and when, the page they were on and their IP address, plus the exact consent wording they were shown if your form has a consent line.

  • A confirmation for every hand-added contact

    Adding someone by hand asks you to tick “I confirm this person agreed to receive email from us.” Putting back someone who unsubscribed takes a confirmation that they asked.

  • A question before you send

    Connecting a sender asks how people joined your list, and a person on our team approves a new sender before its first campaign.

  • An opt-out that sticks

    One-click unsubscribe in every campaign and sequence email. The unsubscribe is checked before every send, and Broadcast and Sequences skip unsubscribed and bounced contacts.

What stays with you

Whether your list qualifies. Builderify records what happened; it doesn’t decide which law applies to a contact, whether your wording is clear, or whether an opt-out was offered at your checkout. The confirmation you tick when adding someone by hand is your word, so only tick it when it’s true.

Every account gets 250 free credits a month. A new lead costs 1 credit and each email sent costs 0.5 credits. There is no monthly fee: one-time packs start at $9 and never expire. See the pricing page.

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Questions

Emailing without consent, before you ask.

It depends where they are. In the US, yes: CAN-SPAM needs no permission, only an honest email with your postal address and a working opt-out. In the UK and the EU you need consent unless the soft opt-in or the customer exception applies, Canada allows implied consent for two years after a purchase, and Australia generally wants consent. This is general information, not legal advice.

It is the UK exception in regulation 22 of PECR that lets you email without asking first when three things are true: you got the address while selling or negotiating a sale (the ICO counts a quote request), you only market your own similar products or services, and you offered a free, simple opt-out when you collected the address and in every email since. An opt-out added later, for example in an order confirmation, doesn't meet it.

In the UK, the EU, Canada and Australia, not without consent the people gave to you, which a bought list doesn't carry. The ICO says no third-party list meets the soft opt-in. US law doesn't ban bought lists, but addresses that were harvested from websites or guessed make a violation worse.

In the US, no. In the UK, not for limited companies and LLPs, but sole traders and ordinary partnerships count as individuals and need consent or the soft opt-in. In Canada, an address someone gave you without saying no covers email relevant to their job. EU countries each decide how business addresses are treated, so check yours.

No. A receipt, a quote someone asked for or an account notice isn't marketing under any of the five laws in this guide. Add an offer, such as a discount on the next order, and the ICO treats it as direct marketing. In Canada these messages need no consent but still need your name and an unsubscribe.

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