Q. What if the message combines elements of both a commercial message and a message with content defined as “other”?

Q. What if the message combines elements of both a commercial message and a message with content defined as “other”?

A. In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if:

  • A recipient reasonably interpreting the subject line would likely conclude that the message advertises or http://hookupdate.net/de/bdsmdate-review promotes a commercial product or service; and
  • A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is to advertise or promote a product or service.

Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content.

Q. What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?

A. If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the compliance as long as the designated sender:

  • meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message advertising or promoting their own goods, services, or website;
  • is specifically identified in the “from” line of the message; and
  • complies with the “initiator” provisions of the Act – for example, making sure the email does not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature. Continue reading “Q. What if the message combines elements of both a commercial message and a message with content defined as “other”?”