---
title: "Check a commercial email against the CAN-SPAM header, subject, address and opt-out rules"
url: "https://ailawframework.com/practice/privacy-data-protection-and-cyber/check-a-commercial-electronic-message-against-the-consent-identity-and-u/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A25-QU20261022-2-US"
practice_area: "Privacy, Data Protection & Cyber"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a commercial email against the CAN-SPAM header, subject, address and opt-out rules

> 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.…

Canonical page: https://ailawframework.com/practice/privacy-data-protection-and-cyber/check-a-commercial-electronic-message-against-the-consent-identity-and-u/united-states  
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 | 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 | United States |
| Applies to | [Check a commercial electronic message against the consent, identity and unsubscribe rules](https://ailawframework.com/practice/privacy-data-protection-and-cyber/check-a-commercial-electronic-message-against-the-consent-identity-and-u.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The five transactional or relationship categories are read narrowly. A subscription or membership does not remove the opt-out right for a marketing message.
- State spam rules can add duties. This check is the federal commercial-email rule.

## Sources

- [CAN-SPAM Act: A Compliance Guide for Business](https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business) (checked 2026-10-22)
- [15 U.S. Code § 7704 - Other protections for users of commercial electronic mail](https://www.law.cornell.edu/uscode/text/15/7704) (checked 2026-10-22)

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