What if the Email Marketing Message Combines Commercial and Transactional or Relationship Content?
It’s common for emails sent by businesses to mix commercial and transactional/relationship content. When an email contains both kinds of content, the “primary purpose” of the message is the deciding factor. If a recipient reasonably interpreting the message believes that it is an advertisement for a commercial product or service, then it’s primary purpose is commercial and you must comply with the Act. This can also happen if the advertisement is at the beginning of the email and is then followed by the transactional portion of the email. So if you do not want you email interpreted as commercial, place all advertising at the end of the message. Furthermore, when a message contains both kinds of content, if the subject line would lead the recipient to think it’s a commercial message, then it’s a commercial message and you must comply with the Act. Similarly, if the bulk of the transactional or relationship part of the message doesn’t appear at the beginning, it’s a commercial message and you must comply with the Act.
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