---
title: "Check a commercial electronic message against the consent, identity and unsubscribe rules"
url: "https://ailawframework.com/practice/privacy-data-protection-and-cyber/check-a-commercial-electronic-message-against-the-consent-identity-and-u"
type: "task"
site: "AI Law Framework"
id: "A25-QU20261022-2"
practice_area: "Privacy, Data Protection & Cyber"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

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

> 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…

Canonical page: https://ailawframework.com/practice/privacy-data-protection-and-cyber/check-a-commercial-electronic-message-against-the-consent-identity-and-u  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Privacy, Data Protection & Cyber](https://ailawframework.com/practice/privacy-data-protection-and-cyber.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: The lawyer decides whether consent is proved, whether the message can be sent, and approves any change to the message.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

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.

## Notes

- 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.

## Sources

- [ACMA: Avoid sending spam](https://www.acma.gov.au/avoid-sending-spam) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/privacy-data-protection-and-cyber/check-a-commercial-electronic-message-against-the-consent-identity-and-u/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*