CAN-SPAM governs commercial email (accurate headers, a working opt-out, a physical address); TCPA governs calls and SMS/text marketing and requires prior express written consent before you text. Email and SMS are different channels with different rules — do both and you must satisfy both.
| MailProof | TextProof | |
|---|---|---|
| Rule | CAN-SPAM email marketing | TCPA SMS / text marketing |
| Region | US rules | US rules |
| Applies if you… | send marketing or promotional emails | send SMS / text messages to customers |
| Status | In force | In force |
| Maximum exposure | up to $53,088 per email (FTC) | $500–$1,500 per text or call |
| Official source | eCFR — 16 CFR Part 316 (CAN-SPAM Rule) | TCPA on Cornell LII (47 U.S.C. 227) |
Often yes. They're separate obligations, so if your business falls within scope of each — for example, customers or activities that each one covers — you have to meet both. The free checkers tell you where you stand on each in about a minute.
Informational only, not legal advice. Scope and figures can be fact-specific — confirm against each cited source. Last reviewed 2026-06-30.