Legal Definitions - unsolicited commercial e-mail

Unsolicited commercial e-mail refers to any electronic mail message sent for a commercial purpose that the recipient did not request or consent to receive. It is commonly known as SPAM, an acronym that originally stood for Sending and Posting Advertisement in Mass, though it now broadly refers to any unwanted electronic communication. These emails typically aim to advertise, promote, or sell products, services, or financial opportunities without the recipient's prior permission or an established business relationship.

• Example 1: The Investment Opportunity Email

  An individual receives an email from an unknown sender promoting a "guaranteed high-return investment scheme" in a foreign country. The email includes links to a website promising significant profits with minimal risk. The recipient has never interacted with this sender or company, nor have they signed up for any investment newsletters.

  Explanation: This is an unsolicited commercial e-mail because the email's primary purpose is to market a financial product (commercial), and the recipient did not request this information or provide consent to receive it from this sender (unsolicited).

• Example 2: The Discounted Software Offer

  A small business owner receives an email from a software company they've never heard of, offering a 50% discount on their "premium project management suite" for a limited time. The business owner has never visited the company's website, downloaded a trial, or otherwise engaged with them to provide their email address.

  Explanation: This email fits the definition because it is promoting a product for sale (commercial), and the business owner did not initiate contact or give permission to receive marketing messages from this particular software vendor (unsolicited).

• Example 3: The Health Supplement Advertisement

  Someone checks their inbox and finds an email from an online store they've never purchased from, advertising a new "miracle weight loss supplement." The email contains testimonials and a direct link to purchase the product. The recipient has no prior relationship with this store and did not opt-in to their mailing list.

  Explanation: This is an unsolicited commercial e-mail because the email is clearly designed to sell a product (commercial), and the recipient did not request information about health supplements from this specific sender or provide consent to receive their advertisements (unsolicited).