If I send a visitor an email without opt-in, isn't that SPAM?
No. When a visitor is being tracked it is because they accepted the cookies on the website. Under the terms and conditions they have allowed you to use their data for marketing purposes.

You must have an opt-out/unsubscribe option!
What about a cold email?
A person to person email is not considered SPAM, and does not require consent.
Want to make sure your emails comply with the CAN-SPAM Act? Click here.