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Why this matters
Email and text messages reach people directly, which is why many countries regulate them. Rules differ by country, state, channel and type of message, and they change. This page introduces the concepts most rules share so that you can ask better questions of a qualified adviser. It is general information only and not legal advice.
Key concepts
Consent
Consent is a person's agreement to receive a certain kind of message. Regulators generally expect it to be informed, specific and provable. Some regimes require explicit opt-in before marketing messages; others permit certain messages unless the person objects. Because the standard varies, the safest working habit is to obtain clear, recorded permission for each channel.
Transactional and promotional messages
Messages that complete a transaction the customer requested, such as an order receipt or appointment confirmation, are often treated differently from promotional messages. Do not disguise promotion as a transaction; mixing sales content into a confirmation can change how it is classified.
Opt-out
People must be able to stop messages easily, and the request must be honoured promptly. For text messaging, replying with a stop keyword is a standard expectation. For email, an unsubscribe link is standard. Opt-outs should apply across every tool you use, which is a practical argument for keeping consent status on a single customer record.
Identification and honesty
Messages should identify the sender, avoid misleading subject lines or headers, and include a way to contact the business. In the United States, the CAN-SPAM rules for commercial email set requirements of this kind, and the Federal Trade Commission publishes a compliance guide for businesses. In the European Union and United Kingdom, data-protection law (GDPR and related rules) and separate electronic-marketing rules set the framework for lawful bases, transparency and individual rights.
Text messaging specifics
Text marketing is often more tightly regulated than email. Depending on your country, rules may cover prior express consent, quiet hours, sender registration and how you describe message frequency and costs. In the United States, mobile carriers and industry bodies also set messaging standards, and registration of business messaging is commonly required through the platform you use. Because these requirements evolve, read the current guidance from your platform and from the relevant regulator.
Record-keeping
Being able to show when, how and to what a person consented is as important as obtaining it. Useful records include:
- The date and time of consent.
- The form or page where it was given, and the wording shown.
- The channel consented to (email, text, phone).
- Any opt-out and when it was processed.
A CRM that stores this on the contact record, and that stops workflows for opted-out contacts, makes compliance easier to demonstrate.
Good practice that supports compliance
- Use unchecked opt-in boxes with clear, plain wording.
- Say what people will receive and how often.
- Do not add people to marketing lists simply because they gave a business card or made a purchase, unless the rules in your area allow it and you have checked.
- Include an easy opt-out in every message and honour requests quickly.
- Keep suppression lists in one place and apply them to every tool.
- Review your practices when laws or platform rules change.
What automation changes
Automation makes it easy to send many messages, so mistakes scale quickly. Before turning on a sequence, confirm who is enrolled, what consent they gave, and whether they leave the sequence when they opt out, purchase or reply. See how workflow triggers and actions work for the mechanics.
Where to read the primary sources
Our sources page links to regulator guidance, including the FTC's CAN-SPAM compliance guide and the text of the GDPR. For your own business, consult a qualified professional who knows the laws of the places where your customers live.
Keep learning
- Email & SMS MarketingLearn how email and text messages support nurturing, reminders and notifications, with consent and deliverability done right.
- Conversations & CommunicationLearn how email, text, phone, chat and social messages can be managed as one conversation per customer.
- Appointment & CalendarLearn how booking pages, reminders, rescheduling and calendar sync fill your diary and reduce no-shows.