15 USC 7705 - Businesses knowingly promoted by electronic mail with false or misleading transmission information

U.S Code last checked for updates: May 01, 2024

§ 7705.

Businesses knowingly promoted by electronic mail with false or misleading transmission information

(a)

In general

It is unlawful for a person to promote, or allow the promotion of, that person’s trade or business, or goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business, in a commercial electronic mail message the transmission of which is in violation of section 7704(a)(1) of this title if that person—

(1)

knows, or should have known in the ordinary course of that person’s trade or business, that the goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business were being promoted in such a message;

(2)

received or expected to receive an economic benefit from such promotion; and

(3)

took no reasonable action—

(A)

to prevent the transmission; or

(B)

to detect the transmission and report it to the Commission.

(b)

Limited enforcement against third parties

(1)

In general

(2)

Exception

Liability for a violation of subsection (a) shall be imputed to a third party that provides goods, products, property, or services to another person that violates subsection (a) if that third party—

(A)

owns, or has a greater than 50 percent ownership or economic interest in, the trade or business of the person that violated subsection (a); or

(B)

(i)

has actual knowledge that goods, products, property, or services are promoted in a commercial electronic mail message the transmission of which is in violation of section 7704(a)(1) of this title; and

(ii)

receives, or expects to receive, an economic benefit from such promotion.

(c)

Exclusive enforcement by FTC

(d)

Savings provision

(Pub. L. 108–187, § 6, Dec. 16, 2003, 117 Stat. 2710.)

cite as: 15 USC 7705