A commercial e-mail 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.)”  This would include e-mails that promote for profit or revenue generating activities.  

Examples: 

• Tickets for a play, movie, or event where there is a charge for admittance.  It does not matter whether the event is on or off campus. 
• E-mails sent to prospective students.  This applies even if the prospective student initiates the e-mail communication. 
• An emailing offering to sell computers, cars, furniture, etc.  This applies whether you are offering the item through your capacity as a University employee or using your e-mail account for personal use.  
• E-mails sent by an external organization on behalf of the University.  For example, a marketing or publishing company that sends e-mails that contains promotions for a commercial product or service such as an athletic event, play, or exhibit.
• An e-mail that has a web link to a University site that promotes a product or service.  

CAN-SPAM only covers e-mails whose primary purpose is commercial.  If an e-mail contains only commercial content, then the primary purpose would be commercial.   However, if an e-mail contains both commercial content and non-commercial material (i.e. transactional or relationship content) the primary purpose is commercial if: 

• The subject line of the e-mail message would lead a recipient to conclude that the message advertises or promotes a product or service; or 
• The body of the e-mail does not set forth the message’s transactional or relationship content at the beginning of the message; and 
• A recipient’s reasonable interpretation of the body of the e-mail would lead the recipient to conclude that the primary purpose of the messages is to advertise or promote a product or service.  

Factors for evaluating the body of the e-mail include: 

• The placement of the commercial content in the body of the e-mail
• The proportion of the message that is dedicated to the commercial content
• The color, graphics, type size, and style the e-mail used to highlight the commercial content

CAN-SPAM requires commercial e-mails have the following characteristics: 

Opt-Out link  
•    The body of the e-mail must provide recipients with a clear and conspicuous opportunity to decline (“opt-out”) receiving future messages.   
•    The University must honor the opt-out or unsubscribe requests within 10 business days of receiving the request. 

Valid Return Address 
•    The e-mail must contain a valid return e-mail address or Internet-based reply mechanism to comply with the opt-out option.  This must work for 30-days past the send date of the message.  

Valid E-mail Information 
•    The header and subject line must be accurate.  
•    The subject line must accurately reflect the content of the e-mail. 
•    The “from” line must be accurate.  You cannot use anonymous, fictitious, or misleading addresses.    

CAN-SPAM does not apply to e-mail that is directly related to an employment or transactional relationship or is non-commercial.  A transactional message must contain a proper routing or tracking number.      

Examples: 

• Human resources sending e-mail directly related to benefit plans in which the recipient is currently involved, participating, or enrolled.  An e-mail describing changes in benefits would be exempt, while an e-mail describing discounts for products or services would require the characteristics described above.  
• Financial Aid sending e-mail related to loans and grants for which the student is either currently receiving or has applied for consideration.
• Post-registration event communications (Registration confirmation, Event Reminder, Post-Event Message/Survey) 
• An electronic message that details charges owed to the University.
• Announcements of free events or services.  If any money is collected, whether or not it is clearly indicated in the e-mail, the law applies and would require the characteristics described above.  Additional campus policies provide guidelines regarding the appropriate use of communication channels for events and services. 
• An electronic newsletter sent by an external organization on behalf of the University that does not contain any solicitation or advertisement of product or services.
• While e-mail that is clearly not commercial in nature is exempt from the disclaimer, it may be prudent to offer individuals an opportunity to opt-out from your list. This would not be applicable to e-mails that involve a transactional relationship