What is the New Rule as it Relates to Liability and any "Person," according to the CAN-SPAM Act?
Liability may attach to any “person,” including non-natural persons (16 C.F.R. §316.2(h))
The new Rule clarified the definition of “person”. It is to be “broadly construed,” is not limited to a natural person, and includes individuals, groups, unincorporated associations, limited or general partnerships, corporations, or other business entities. Nonprofits that send commercial messages are explicitly within the scope of the CAN-SPAM Act requirements. Based on the Act’s definition of “initiate,” any such entity can be deemed an initiator or sender of a commercial email message.
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