Check an email marketing use against the CAN-SPAM commercial-message rules
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract the sender, the product or service being promoted, the postal address, and the opt-out method. Mark whether the primary purpose is commercial, transactional, or mixed, using the placement of the commercial text.
- What the lawyer must review
- There is no federal privacy principle that copies the Australian direct-marketing rule. The federal rule for commercial email is the CAN-SPAM Act. The FTC guide says the law makes no exception for business-to-business email, and that a message mixing commercial and transactional content is commercial if the subject line would lead a recipient to think it is an advertisement or if the transactional content does not appear mainly at the beginning. 15 U.S.C. § 7704 requires a functioning way to decline further commercial email and a valid physical postal address, and bars initiation of a further commercial email more than 10 business days after a request that falls within the scope of that request.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information. 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
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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.