Definitions[]
CAN-SPAM Act[]
A commercial electronic mail message is
| “ | any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).[1] | ” |
"The term . . . does not include a transactional or relationship message."[2]
Washington state law[]
A commercial electronic mail message is
| “ | an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement.[3] | ” |
Overview (CAN-SPAM Act)[]
"The inclusion of a reference to a commercial entity or a link to the website of a commercial entity in an electronic mail message does not, by itself, cause such message to be treated as a commercial electronic mail message for purposes of this chapter if the contents or circumstances of the message indicate a primary purpose other than commercial advertisement or promotion of a commercial product or service."[4]