Check a commercial electronic message against the consent, identity and unsubscribe rules

Key facts

Human involvement
YellowClose supervision
How AI is used
For the message and the consent record the lawyer supplies, mark whether consent is express or inferred, whether the sender can prove it, whether the message identifies the authorising business, and whether the unsubscribe facility meets the five points on the ACMA page. Flag an address-harvesting list. The tool does not rewrite the message that will be sent.
What the lawyer must review
The lawyer decides whether consent is proved, whether the message can be sent, and approves any change to the message.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceFor the message and the consent record the lawyer supplies, mark whether consent is express or inferred, whether the sender can prove it, whether the message identifies the authorising business, and whether the unsubscribe facility meets the five points on the ACMA page. Flag an address-harvesting list. The tool does not rewrite the message that will be sent.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the record shows who consented, when and how, and that the message itself was not the request for consent.
  2. Check the identifying details are the legal name or the name and ABN, and that they are to stay correct for at least 30 days after sending.
  3. Check the unsubscribe facility is clear, is actioned within 5 working days, costs no more than the usual charge, works for at least 30 days, and does not require extra personal information or a login.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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