COMPLIANCE · Agency PLAYBOOK
WHY THE MONEY TRAIL IS REGULATED: the live session is the spark; the follow-up sequence is where live-commerce businesses actually compound — and email/SMS marketing is the most rule-dense corner of US digital marketing. Two frameworks govern it: CAN-SPAM (email — federal, enforced by the FTC, civil penalties per violation) and the TCPA (calls/texts — federal, with a private right of action and statutory damages per text that have produced class actions in the hundreds of millions). The live seller's exposure pattern is consistent: collecting numbers and emails in the heat of a stream, then marketing to those lists without the consent architecture the law assumes you built.
EMAIL (CAN-SPAM, THE OPERATIONAL RULES): commercial email must carry accurate header information (no spoofed from-addresses), a non-deceptive subject line, your physical postal address, a working opt-out mechanism honored within the required window (ten business days is the legal ceiling — operational best practice is immediate), and no harvesting or dictionary-attack list building. The one rule that surprises new sellers: CAN-SPAM is opt-out, not opt-in — you may email a purchased list in principle — but purchased lists perform terribly, poison your sender reputation, and intersect with platform policies that prohibit off-platform solicitation of platform customers. Build the list from genuine first-party capture and the rules become mostly mechanical.
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