---
title: "Check an email marketing use against the CAN-SPAM commercial-message rules"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-direct-marketing-use-against-the-privacy-direct-marketing-rule/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A24-SF20261022-15-US"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check an email marketing use against the CAN-SPAM commercial-message rules

> 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.

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-direct-marketing-use-against-the-privacy-direct-marketing-rule/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check a direct marketing use against the privacy direct-marketing rule](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-direct-marketing-use-against-the-privacy-direct-marketing-rule.md) |

## Checking plan

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

## Notes

- Phone and text marketing are the Telemarketing Sales Rule and the FCC robocall rules, not this email check.
- A designated sender of a multi-marketer email must still meet the initiator rules, including a valid postal address and a working opt-out.

## 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.*