It depends upon what the “primary purpose” of the email message is going to be. To determine what the primary purpose of the email is going to be, it is important to remember that an email can contain three different types of information:
* “Commercial Content” advertises or promotes your business product or service, including content on a website operated for a commercial purpose;
* “Transactional or Relationship Content” facilitates or is in response to an already agreed-upon transaction such as a confirmation of an order; or updates a customer about an ongoing transaction; or
* “Other Content” is neither commercial nor transactional or relationship.
If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAM-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act.
For operational guidance and structured compliance documentation tools, visit the CLIClaw Email Marketing Compliance Library.
This FAQ is provided for general informational purposes only and is not legal advice. It is intended as a starting point for understanding the issues discussed and should not be relied on as a substitute for advice from qualified legal counsel.
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