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 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.

Factors relevant to that interpretation include the location of the commercial content (for example, is it at the beginning of the message?); how much of the message is dedicated to commercial content; and how color, graphics, type size, style, etc., are used to highlight the commercial content.



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