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.
For additional tools and detailed guidance, see 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.