Check an email or text-message campaign against the commercial-mail and telephone rules
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the campaign copy and the send method the lawyer supplies, list header, subject line, unsubscribe mechanism, postal address, and whether the send uses an automatic telephone dialing system or a prerecorded or artificial voice.
- What the lawyer must review
- 15 U.S.C. § 7704 makes it unlawful to send a commercial electronic mail message with materially misleading header information or a deceptive subject heading, without a functioning return address or other internet-based opt-out, or without clear notice of that opt-out and a valid physical postal address of the sender. After an opt-out request, the sender must not initiate a further commercial message within the scope of the request more than 10 business days after receipt. 47 U.S.C. § 227 restricts calls using an automatic telephone dialing system or an artificial or prerecorded voice without the prior express consent of the called party, apart from the exceptions in the section, and the section’s definitions cover text messages sent using a text-messaging service. The lawyer decides whether this campaign is inside those prohibitions. Formal Opinion 512 still requires a check of any generated legal conclusion.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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 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.