What if the Email Message Combines a Commercial Message with “Other” Content?
If a recipient reasonably interpreting the subject line would likely conclude that the message advertises or 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 then you must comply with the Act. Factors relevant to that interpretation include the location of the commercial content (at the beginning of the message); how much of the message is dedicated to commercial content (more than half); and how color, graphics, type size, style, etc., are used to highlight the commercial content.
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