{"identifier":"/us/usc/t15/s7705","title":15,"num":"\u00a7\u202f7705.","heading":"Businesses knowingly promoted by electronic mail with false or misleading transmission information","text":"\u00a7\u202f7705.\nBusinesses knowingly promoted by electronic mail with false or misleading transmission information\n(a)\nIn general\nIt is unlawful for a person to promote, or allow the promotion of, that person\u2019s 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\n(1) knows, or should have known in the ordinary course of that person\u2019s 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;\n(2) received or expected to receive an economic benefit from such promotion; and\n(3) took no reasonable action\u2014\n(A) to prevent the transmission; or\n(B) to detect the transmission and report it to the Commission.\n(b)\nLimited enforcement against third parties\n(1)\nIn general\nExcept as provided in paragraph (2), a person (hereinafter referred to as the \u201cthird party\u201d) that provides goods, products, property, or services to another person that violates subsection (a) shall not be held liable for such violation.\n(2)\nException\nLiability 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\u2014\n(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\n(B)\n(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\nsection 7704(a)(1) of this title\n(ii) receives, or expects to receive, an economic benefit from such promotion.\n(c)\nExclusive enforcement by FTC\nSubsections (f) and (g) of\nsection 7706 of this title\n(d)\nSavings provision\nExcept as provided in\nsection 7706(f)(8) of this title","url":"https://projectusc.org/usc/t15/s7705.html","content":[{"t":"sec","id":"/us/usc/t15/s7705","children":[{"t":"num","text":"\u00a7\u202f7705."},{"t":"heading","text":"Businesses knowingly promoted by electronic mail with false or misleading transmission information"},{"t":"subsec","id":"/us/usc/t15/s7705/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"It is unlawful for a person to promote, or allow the promotion of, that person\u2019s 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 ","children":[{"t":"ref","text":"section 7704(a)(1) of this title","href":"/us/usc/t15/s7704/a/1","tail":" if that person\u2014"}]},{"t":"para","id":"/us/usc/t15/s7705/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" knows, or should have known in the ordinary course of that person\u2019s 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7705/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" received or expected to receive an economic benefit from such promotion; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7705/a/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" took no reasonable action\u2014"},{"t":"subpara","id":"/us/usc/t15/s7705/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to prevent the transmission; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7705/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to detect the transmission and report it to the Commission.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s7705/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Limited enforcement against third parties"},{"t":"para","id":"/us/usc/t15/s7705/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in paragraph (2), a person (hereinafter referred to as the \u201cthird party\u201d) that provides goods, products, property, or services to another person that violates subsection (a) shall not be held liable for such violation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7705/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exception"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t15/s7705/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7705/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"clause","id":"/us/usc/t15/s7705/b/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 7704(a)(1) of this title","href":"/us/usc/t15/s7704/a/1","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s7705/b/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" receives, or expects to receive, an economic benefit from such promotion.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s7705/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Exclusive enforcement by FTC"},{"t":"content","children":[{"t":"p","text":"Subsections (f) and (g) of ","children":[{"t":"ref","text":"section 7706 of this title","href":"/us/usc/t15/s7706","tail":" do not apply to violations of this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s7705/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Savings provision"},{"t":"content","children":[{"t":"p","text":"Except as provided in ","children":[{"t":"ref","text":"section 7706(f)(8) of this title","href":"/us/usc/t15/s7706/f/8","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}