Practical Considerations to Email Campaigns
I. Framework for Analyzing Electronic Messages
A. Does CAN-SPAM/CASL apply?
B. Is consent needed?
C. Has an appropriate opt-out mechanism been provided?
D. What is the liability and penalties?
II. Does CAN-SPAM apply?
A. What’s the primary purpose?
B. What if the message is commercial + transactional?
C. What if the message is commercial + other?