Questions & Answers

What if the Email has Several Advertised Product/Services from Different Businesses?

What if the Email has Several Advertised Product/Services from Different Businesses? If an email advertises or promotes the goods, services, or websites of more than one business, the law allows the advertisers [whose goods, services, or websites are advertised or promoted in the email] to...

What if the Email Marketing Message Combines Commercial and Transactional or Relationship Content?

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...

What if the Email Message Combines a Commercial Message with “Other” Content?

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...

What if the Email Message Combines Commercial Content and Transactional or Relationship Content?

What if the Email Message Combines Commercial Content and Transactional or Relationship Content? It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content, the primary purpose of the message is the...

What if the Email Message Combines Elements of both a Commercial Message and a Message with Content Defined as "Other"?

What if the Email Message Combines Elements of both a Commercial Message and a Message with Content Defined as "Other"? 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...

What is Affirmative Consent according to the CAN-SPAM Act?

What is Affirmative Consent according to the CAN-SPAM Act? The statute defines "Affirmative Consent" as “the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipients own initiative”; and “if the messages is...

What is Allowed in the “From” Line in a Commercial Email?

What is Allowed in the “From” Line in a Commercial Email? The from line must contained the name of the person or entity whose products and services are being advertised in the email; or the domain name of the person or entity whose products and services are being advertised in the email and such...

What is Branded Email Marketing?

What is Branded Email Marketing? Branded email marketing refers to a practice where a Publisher has developed data from either its own website or a third-party website in a manner in which the consumer has registered or subscribed to receive commercial offers from the Publisher under a “Brand.” The...

What is Co-Registration Marketing?

What is Co-Registration Marketing? Co-registration is when one company uses another company's subscriber or newsletter base or website to obtain new customers. Co-registration marketing is the marketing of specific products or services during a registration process. For example, current subscribers...

What is Confirmed Opt-In Data?

What is Confirmed Opt-In Data? A “confirmed (closed loop) opt-in” means that following an opt-in request, a confirmation email is subsequently sent to the person notifying him that some action is necessary before their email address will be added to the list which will be transferred to a third...

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