---
title: "Check an email or text-message campaign against the commercial-mail and telephone rules"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-an-email-or-sms-marketing-campaign-against-the-spam-rules/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A24-T20261018-10-US"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check an email or text-message campaign against the commercial-mail and telephone rules

> 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…

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-an-email-or-sms-marketing-campaign-against-the-spam-rules/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 | 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 | United States |
| Applies to | [Check an email or SMS marketing campaign against the spam rules](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-an-email-or-sms-marketing-campaign-against-the-spam-rules.md) |

## Checking plan

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

## Notes

- CAN-SPAM is not an opt-in statute for ordinary commercial email. The TCPA consent analysis is separate and is not satisfied by a CAN-SPAM unsubscribe line.
- Federal Communications Commission rules and state mini-TCPA statutes can be stricter. Open them for the states on the send list.

## Sources

- [15 U.S.C. § 7704, commercial electronic mail](https://www.law.cornell.edu/uscode/text/15/7704) (checked 2026-10-22)
- [47 U.S.C. § 227, restrictions on use of telephone equipment](https://www.law.cornell.edu/uscode/text/47/227) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Email and SMS marketing campaign checklist (Spam Act consent, sender identification and unsubscribe)](https://ailawframework.com/precedents/technology-media-and-telecommunications-it-contracts/email-and-sms-marketing-spam-act-checklist.md) | Checklist | Green | A pre-send checklist for a commercial email, SMS or instant message campaign with an Australian link: consent evidence, sender identification, a functional unsubscribe facility, list hygiene,… |

Signed-in accounts can read the full text of each one.

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