15 U.S.C. § 7705 : US Code - Section 7705: Businesses knowingly promoted by electronic mail with false or misleading transmission information

Search 15 U.S.C. § 7705 : US Code - Section 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
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; 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 do not
apply to violations of this section.
(d) Savings provision
Except as provided in section 7706(f)(8) of this title, 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.