Email is the easiest channel almost everywhere: in the US you can send marketing email without asking first, and in Canada, the UK, the EU and Australia you can email your existing customers about similar things you sell, as long as every message lets them stop. Texts are stricter, and in the US automated marketing texts need written consent. WhatsApp needs an opt-in everywhere, because Meta requires one whatever the local law says. The table below sets out the rule for each channel in each place, with the law it comes from.

This is a summary of the rules as written, checked against the laws and regulators’ own pages. It is not legal advice, and the rules change, so check the source for anything you are about to rely on.

Country EmailSMSWhatsApp
United States

Send, then stop on request

Postal address and an opt-out, honoured within 10 business days

Consent first

Written consent for marketing texts sent with an autodialer

Consent first

Meta requires opt-in; federal law is unsettled

Canada

Consent, or an existing customer

Implied for 2 years after a purchase, 6 months after an enquiry

Consent, or an existing customer

Same as email

Consent first

The law allows implied consent; Meta requires opt-in

United Kingdom

Consent, or an existing customer

Soft opt-in for your own similar products

Consent, or an existing customer

Same as email

Consent first

Soft opt-in in law; Meta requires opt-in

European Union

Consent, or an existing customer

Similar products to past buyers; countries vary

Consent, or an existing customer

Same as email

Consent first

Meta requires opt-in

Australia

Consent, or an existing customer

Consent can be inferred from your relationship

Consent, or an existing customer

Same as email

Consent first

Meta requires opt-in

What each country asks before your first marketing message. The full rule, and the law behind every cell, is in the table further down.

The pattern behind the rules

Read across the grid and three things hold almost everywhere.

  1. Your customers are the easy audience. Outside the US, the existing-customer route (the UK and EU soft opt-in, Canada’s implied consent, Australia’s inferred consent) lets you market to people who bought from you, about the kind of thing they bought. The US doesn’t ask for consent before email at all.
  2. Every message needs a way out. Each law asks for a working opt-out, and several set a clock: 10 business days in the US and Canada, 5 business days in Australia.
  3. The phone is stricter than the inbox. Texts get the same rule as email in Canada, the UK, the EU and Australia, but US marketing texts need written consent, and WhatsApp needs an opt-in everywhere because Meta says so.

The growth lesson is that consent is cheapest to collect at the moment someone buys or asks you something. A clear tick box per channel on your order form or enquiry form costs nothing then, and saves a lot of guesswork later.

The full table, with sources

Every row links to the law or regulator page it comes from. The same data is available as a CSV, so you can filter it, share it, or check a cell against its source.

Marketing consent rules by country and channel, with sources
CountryChannelBefore the first messageExisting customersEvery message must includeOpt-out deadlineMaximum penalty Source
United StatesEmailNo consent needed: email marketing is opt-outNo exception neededAccurate sender details, a valid postal address, a clear way to opt out, and an ad label unless they opted inHonour within 10 business days; the opt-out must work for 30 days after sending$53,088 per email (FTC figure) FTC CAN-SPAM guide15 U.S.C. 7704
United StatesSMSPrior express written consent for marketing texts sent with an autodialerNo existing-customer exception in the ruleNot set out in the rule text we checkedRevoke by any reasonable means, honoured within 10 business days; texts only 8am to 9pm local time$500 per text in a private lawsuit, up to $1,500 if wilful 47 CFR 64.120047 U.S.C. 227
United StatesWhatsAppUnsettled: no federal text clearly covers app messages. Meta requires opt-in (last row)UnsettledUnsettledUnsettledIf the TCPA applies, as for SMS 15 U.S.C. 7702Facebook v. Duguid
CanadaEmailExpress or implied consentImplied for 2 years after a purchase, 6 months after an enquiryYour name, mailing address and a phone, email or web contact, plus an unsubscribe; all valid for 60 daysWithin 10 business days; the unsubscribe must work for 60 daysUp to C$1m per violation for an individual, C$10m for a business CASLSOR/2012-36
CanadaSMSSame as email: CASL covers texts to a phone accountSame as emailSame as emailSame as emailSame as email CASL
CanadaWhatsAppSame as email: CASL covers instant messaging accountsSame as emailSame as emailSame as emailSame as email CASL
United KingdomEmailConsent for individuals; company addresses can be emailed without it (ICO)Soft opt-in: details from a sale or negotiation, your own similar products, a free opt-out every time. Charities too since 5 Feb 2026Who you are, and a valid address for opt-out requestsNo fixed deadline in the regulationsUp to £17.5m or 4% of global turnover (ICO) PECR reg 22PECR reg 23ICO on the 2025 Act
United KingdomSMSSame as email: PECR counts texts as electronic mailSame as emailSame as emailSame as emailSame as email PECR reg 2ICO guide
United KingdomWhatsAppSame as email: ICO guidance covers messaging appsSame as emailSame as emailSame as emailSame as email ICO guide
European UnionEmailPrior consent, to the GDPR standard: freely given, specific, informed, unambiguousYour own similar products to past buyers, with a free, easy objection every timeNo hidden sender; a valid address to stop messagesNo EU-wide deadline; countries set their ownGDPR breaches: up to €20m or 4% of turnover. Other penalties are national ePrivacy DirectiveGDPR
European UnionSMSSame as email: the directive’s electronic mail covers text messagesSame as emailSame as emailSame as emailSame as email ePrivacy Directive
European UnionWhatsAppProbably the same as email; no source we opened confirms apps are covered, and countries differSame as email, if coveredSame as email, if coveredSame as email, if coveredSame as email, if covered ePrivacy Directive
AustraliaEmailConsent, express or inferred from your relationshipCan be inferred from conduct and business relationships; the Act sets no time limitWho authorised it, how to contact them, and a working unsubscribeTakes effect within 5 business days; the unsubscribe must work for 30 daysFor a company, 2,000 penalty units a day (10,000 with a prior record) Spam Act 2003
AustraliaSMSSame as email: the Act covers texts to a phone accountSame as emailSame as emailSame as emailSame as email Spam Act 2003
AustraliaWhatsAppSame as email: the Act covers instant messagesSame as emailSame as emailSame as emailSame as email Spam Act 2003
Everywhere (Meta rule)WhatsAppOpt-in: they gave you their number and agreed to hear from you on WhatsAppNo exceptionThe opt-in must name your business and say it is for WhatsAppRespect every opt-out or block, on or off WhatsAppAccount limits or restrictions, not a fine WhatsApp policyMeta opt-in guide
Last verified: 28 October 2026. Download this table as CSV

Two cells deserve a word. WhatsApp in the US is unsettled: CAN-SPAM covers messages to email addresses, and the TCPA covers calls and texts sent with an autodialer, a term the Supreme Court read narrowly in Facebook v. Duguid (2021). No federal text we found clearly covers an app message, which is why the Meta rule in the last row is the one to follow. State laws can add to these federal rules, and this table covers federal law only.

What changes in the US on 25 November 2026

The rules for stopping texts in the US have moved twice in two years, and move again in four weeks.

  • Since 11 April 2025, a person can revoke consent to texts and calls by any reasonable means, such as replying “stop”, and you must honour it within 10 business days. The FCC’s notice set that date.
  • In January 2025 a federal appeals court struck down the FCC’s planned “one-to-one consent” rule, which would have required separate consent for each business on a comparison or lead form.
  • From 25 November 2026, under the FCC’s new order, you may name one way to opt out, such as replying STOP, and make it the only one, as long as you say so clearly in each text. If you don’t name one, any reasonable means still counts. An opt-out from a marketing text covers all your marketing to that person; an opt-out from an informational text can be limited to that kind of message. The 10 business day limit stays.

The practical step before 25 November: if you send marketing texts in the US, end each one with the opt-out you want to rely on, for example “Reply STOP to opt out”, and make sure someone acts on those replies.

The FTC's own short explainer on the US email marketing law, from the regulator that enforces it. Video: Complying with the CAN SPAM Act - Business Tips | Federal Trade Commission, FTCvideos on YouTube. It loads from YouTube when you press play.

Turning the rules into a bigger list

Consent rules read like restrictions, but each one pushes you toward a list of people who want to hear from you, and that list is the one that buys. Five habits cover every column of the table:

  1. Ask per channel, at the moment of contact. An unticked box each for email, text and WhatsApp on order and enquiry forms, with one line saying what they will get and how often.
  2. Keep the evidence. Save the wording of the form, the date, and what each person ticked. Canada’s implied consent runs out after 2 years, so the purchase date matters too.
  3. Lean on the existing-customer route, honestly. Past buyers can hear about similar products in most of these places, but only while every message offers a free, simple way out.
  4. Make leaving easy and fast. One click for email, a STOP reply for texts. People who can leave easily complain less, and complaints are what hurt deliverability.
  5. Treat WhatsApp as opt-in only. Ask in a reply, on a form, or at the counter, and name your business and WhatsApp in the question.

Our explainer on opt-in consent covers the basic terms, and email, SMS or WhatsApp: which channel for which message helps you choose the channel once you have permission.

Method

We built the table on 28 October 2026 from the primary texts: the US Code and the Code of Federal Regulations, the FTC’s CAN-SPAM guide, Canada’s Anti-Spam Legislation and its regulations, the UK’s Privacy and Electronic Communications Regulations and ICO guidance, the EU ePrivacy Directive and the GDPR, Australia’s Spam Act 2003, and Meta’s WhatsApp Business Messaging Policy. Each row links to the pages we read.

What we left out or could not confirm:

  • US states. Only federal law is tabulated.
  • The EU text is the 2002 original of the ePrivacy Directive. We could not open the 2009 amending directive, so its changes to Article 13 are not reflected, and national laws differ on top of it.
  • Australian penalties are in penalty units, as the Act states them. We could not open the source that converts them to dollars, so no dollar figure is given.
  • The US email penalty is the FTC page’s figure of $53,088 per email, from its January 2024 update. The FTC adjusts it for inflation, so a newer figure may exist.
  • The UK penalty is the ICO’s statement of the maximum since the Data (Use and Access) Act 2025 changes took effect on 5 February 2026.

Frequently asked questions

Can I email my customers without asking first? In the US, yes, as long as each email identifies you, includes a postal address and offers a working opt-out. In Canada, the UK, the EU and Australia you generally can for similar products to people who bought from you, with an opt-out in every message.

Is a WhatsApp message treated like a text? In Canada and Australia the law covers instant messages like email and SMS, and UK regulator guidance does the same; in the US it is unsettled. Everywhere, Meta’s own policy requires an opt-in before you message someone on WhatsApp.

How fast do I have to act on an unsubscribe? Within 10 business days in the US and Canada, and within 5 business days in Australia. The UK and EU set no fixed number of days, so act on it straight away.