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.
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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