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15 U.S.C. § 7705 — Businesses knowingly promoted by electronic mail with false or misleading transmission information
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/1&num=0&edition=prelim) 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** — Except as provided in paragraph (2), a person (hereinafter referred to as the “third party”) that provides goods, products, property, or services to another person that violates subsection (a) shall not be held liable for such violation.
(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 promot
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Source file: Laws/federal/codes/united-states-code/title-15/section-7705-businesses-knowingly-promoted-by-electronic-mail-with-false-or-misleadin--2aefc67188.md
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Source location: Title 15, Chapter 103, § 7705; chapter-103-controlling-the-assault-of-non-solicited-pornography-and-marketing.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/1&num=0&edition=prelim) 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** — Except as provided in paragraph (2), a person (hereinafter referred to as the “third party”) that provides goods, products, property, or services to another person that violates subsection (a) shall not be held liable for such violation.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/1&num=0&edition=prelim); and
(ii) receives, or expects to receive, an economic benefit from such promotion.
**(c) Exclusive enforcement by FTC** Subsections (f) and (g) of [section 7706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7706&num=0&edition=prelim) do not apply to violations of this section.
**(d) Savings provision** Except as provided in [section 7706(f)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7706/f/8&num=0&edition=prelim), nothing in this section may be construed to limit or prevent any action that may be taken under this chapter with respect to any violation of any other section of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds the following:
(1) Electronic mail has become an extremely important and popular means of communication, relied on by millions of Americans on a daily basis for personal and commercial purposes. Its low cost and global reach make it extremely convenient and efficient, and offer unique opportunities for the development and growth of frictionless commerce.
(2) The convenience and efficiency of electronic mail are threatened by the extremely rapid growth in the volume of unsolicited commercial electronic mail. Unsolicited commercial electronic mail is currently estimated to account for over half of all electronic mail traffic, up from an estimated 7 percent in 2001, and the volume continues to rise. Most of these messages are fraudulent or deceptive in one or more respects.
(3) The receipt of unsolicited commercial electronic mail may result in costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both.
(4) The receipt of a large number of unwanted messages also decreases the convenience of electronic mail and creates a risk that wanted electronic mail messages, both commercial and noncommercial, will be lost, overlooked, or discarded amidst the larger volume of unwanted messages, thus reducing the reliability and usefulness of electronic mail to the recipient.
(5) Some commercial electronic mail contains material that many recipients may consider vulgar or pornographic in nature.
(6) The growth in unsolicited commercial electronic mail imposes significant monetary costs on providers of Internet access services, businesses, and educational and nonprofit institutions that carry and receive such mail, as
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violation is unfair or deceptive act or practice** Except as provided in subsection (b), this chapter shall be enforced by the Commission as if the violation of this chapter were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act ([15 U.S.C. 57a(a)(1)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/a/1/B&num=0&edition=prelim)).
**(b) Enforcement by certain other agencies** Compliance with this chapter shall be enforced—
(1) under section 8 of the Federal Deposit Insurance Act ([12 U.S.C. 1818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim)), in the case of—
(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act ([12 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section601&num=0&edition=prelim) and 611), and bank holding companies, by the Board;
(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; and
(D) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision;
(2) under the Fed
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7706
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Federal law — U.S. Code and appendices · legal_authorities
Page 2383
TITLE 15—COMMERCE AND TRADE
§ 7705
included, at the time the address was ob-
tained, a notice stating that the operator
of such website or online service will not
give, sell, or otherwise transfer addresses
maintained by such website or online serv-
ice to any other party for the purposes of
initiating, or enabling others to initiate,
electronic mail messages; or
(ii) the electronic mail address of the re-
cipient was obtained using an automated
means that generates possible electronic
mail addresses by combining names, let-
ters, or numbers into numerous permuta-
tions.
(B) Disclaimer
Nothing in this paragraph creates an own-
ership or proprietary interest in such elec-
tronic mail addresses.
(2) Automated creation of multiple electronic
mail accounts
It is unlawful for any person to use scripts
or other automated means to register for mul-
tiple electronic mail accounts or online user
accounts from which to transmit to a pro-
tected computer, or enable another person to
transmit to a protected computer, a commer-
cial electronic mail message that is unlawful
under subsection (a).
(3) Relay or retransmission through unauthor-
ized access
It is unlawful for any person knowingly to
relay or retransmit a commercial electronic
mail message that is unlawful under sub-
section (a) from a protected computer or com-
puter network that such person has accessed
without authorization.
(c) Supplementary rulemaking authority
The Commission shall by regulation, pursuant
to section 7711 of this title—
(1) modify the 10-business-day period under
subsection (a)(4)(A) or subsection (a)(4)(B), or
both, if the Commission determines that a dif-
ferent period would be more reasonable after
taking into account—
(A) the purposes of subsection (a);
(B) th
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7705
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