Navigating Social Media Legal Risks: Safeguarding Your Business

Appendix I. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003

(15 U.S.C. § 7701 et seq.)

Note

{§ 7701 intentionally omitted}

§ 7702. Definitions

In this chapter:

(1)     Affirmative consent

The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that—

(A)    the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative; and

(B)    if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given ...