CAN-SPAM: Key Definitions
Key Definitions [15 U.S.C. § 7702]
Rule: Understanding these definitions determines whether CAN-SPAM applies to your emails.
Commercial Electronic Mail Message [§ 7702(2)]
An email where the primary purpose is the commercial advertisement or promotion of a commercial product or service.
Primary purpose test:
- If the message contains ONLY commercial content → commercial
- If mixed content → determined by the “reasonable recipient” standard
- If subject line would lead recipient to believe it’s commercial → commercial
Transactional or Relationship Message [§ 7702(17)]
Email that:
- Facilitates or confirms a transaction already agreed to
- Provides warranty, recall, or safety information
- Provides account updates or changes in terms
- Provides employment relationship information
- Delivers goods or services (including product updates)
Important: Transactional messages are largely exempt from CAN-SPAM requirements (but header accuracy still applies).
Sender [§ 7702(16)]
The person who initiates the commercial email OR whose product/service is advertised in the message.
Initiator [§ 7702(9)]
The person who originates the email OR procures its origination.
| Term | Definition | Implication |
|---|---|---|
| Commercial email | Primary purpose is advertising | Full CAN-SPAM applies |
| Transactional email | Related to existing transaction | Mostly exempt |
| Sender | Advertiser in the message | Liable for content |
| Initiator | Person who sends/procures | Liable for sending |