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Definition Edit

CAN-SPAM Act Edit

Under FTC regulations promulgated pursuant to the CAN-SPAM Act, regarding the determination of whether an e-mail message has "commercial" promotion as its primary purpose:[1]

  • The primary purpose of an e-mail message is deemed commercial if it contains only the commercial advertisement or promotion of a commercial product or service ("commercial content").
  • The primary purpose of an e-mail message is deemed commercial if it contains both commercial content and “transactional or relationship” content if either of the following occurs:
— A recipient reasonably interpreting the subject line of the e-mail message would likely conclude that the message contains commercial content.
— The e-mail message’s “transactional or relationship” content does not appear in whole or substantial part at the beginning of the body of the message.
  • The primary purpose of an e-mail message is deemed commercial if it contains both commercial content as well as content that is not transactional or relationship content if a [[recipient] reasonably interpreting either:
— The subject line of the e-mail message would likely conclude that the message contains commercial content.
— The body of the message would likely conclude that the primary purpose of the message is commercial.

References Edit

  1. 16 C.F.R. 316.3

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