header information; and 2) subject lines that would likely mislead the recipient about a material fact regarding the contents or subject matter of the message. Commercial email includes instances in which the primary purpose of the email is the commercial advertisement or promotion of a product or service, including content on websites. Messages with transactional or relationship content, such as updates about an already agreed-upon transaction, or other noncommercial content are exempt. When messages have both commercial and transactional content, the primary purpose of the message is usually determined by the content. CAN-SPAM applies to messages directed to other businesses as well as those directed to consumers. Senders may also be liable for the messages that are forwarded on by third parties, if the sender provides an incentive for such forwarding. CAN-SPAM Requirements. CAN-SPAM imposes several requirements on email senders. First, the message must use accurate header and routing information, including the originating domain name and email address. The message must also include a valid physical postal address where recipients can send mail to the sender. The message must use accurate subject lines and identify itself as an advertisement. Finally, the message must provide an opportunity for the recipient to opt-out of future communications, and the sender must honor opt-out requests within ten (10) business days after receiving the request. Businesses should make sure that they do not ask for additional personal information when a recipient opts out. The only information necessary is the email address of the person opting out of future communications. Penalties. Violations of the CAN-SPAM Act may result in civil penalties of up to $16,000 for each message that violates the Act. More than one person can be held liable. For example, both the company whose product is promoted in the message and the company that originated the message may be liable. Misleading claims about products or services may also
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