Check a commercial email against the CAN-SPAM header, subject, address and opt-out rules
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List whether the draft has accurate From, To, Reply-To and routing information, a subject line that reflects the content, a valid physical postal address, and a working way to opt out of marketing email. Flag whether the message looks transactional or commercial.
- What the lawyer must review
- The CAN-SPAM Act covers every commercial email, including business-to-business email. A commercial message is one whose primary purpose is to advertise or promote a commercial product or service. The FTC guide requires accurate headers that identify the initiator, a subject line that reflects the content, a valid physical postal address, and an opt-out that can process requests for at least 30 days. 15 U.S.C. § 7704 makes false or misleading header information and a deceptive subject heading unlawful, and requires a functioning return mechanism, a clear notice of the chance to decline further commercial email, and a valid physical postal address. A transactional or relationship message is exempt from most of the Act but still must not use false routing information. Each separate email in violation is subject to penalties of up to $53,088.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.