View all text of Chapter 103 [§ 7701 - § 7713]
§ 7702. DefinitionsIn this chapter:
(1) Affirmative consentThe 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 clear and conspicuous notice at the time the consent was communicated that the recipient’s electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages.
(2) Commercial electronic mail message
(A) In general
(B) Transactional or relationship messages
(C) Regulations regarding primary purpose
(D) Reference to company or website
(3) Commission
(4) Domain name
(5) Electronic mail address
(6) Electronic mail message
(7) FTC Act
(8) Header information
(9) Initiate
(10) Internet
(11) Internet access service
(12) Procure
(13) Protected computer
(14) Recipient
(15) Routine conveyance
(16) Sender
(A) In general
(B) Separate lines of business or divisions
(17) Transactional or relationship message
(A) In generalThe term “transactional or relationship message” means an electronic mail message the primary purpose of which is—
(i) to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;
(ii) to provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient;
(iii) to provide—(I) notification concerning a change in the terms or features of;(II) notification of a change in the recipient’s standing or status with respect to; or(III) at regular periodic intervals, account balance information or other type of account statement with respect to,
a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender;
(iv) to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
(v) to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.
(B) Modification of definition
(Pub. L. 108–187, § 3, Dec. 16, 2003, 117 Stat. 2700.)