--- title: "16 CFR 316.3 CAN-SPAM: Primary purpose" canonical: "https://dposchool.com/can-spam/section/316.3" source: "https://www.ecfr.gov/current/title-16/section-316.3" source_note: "Source: United States Code, title 15, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 16 CFR 316.3 CAN-SPAM · Part 316: CAN-SPAM RULE # 16 CFR 316.3 CAN-SPAM: Primary purpose eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 16 CFR 316.3(a) **(a)** In applying the term “commercial electronic mail message” defined in the CAN-SPAM Act, 15 U.S.C. 7702(2), the “primary purpose” of an electronic mail message shall be deemed to be commercial based on the criteria in paragraphs (a)(1) through (3) and (b) of this section: 1 1 The Commission does not intend for these criteria to treat as a “commercial electronic mail message” anything that is not commercial speech. #### 16 CFR 316.3(a)(1) **(1)** If an electronic mail message consists exclusively of the commercial advertisement or promotion of a commercial product or service, then the “primary purpose” of the message shall be deemed to be commercial. #### 16 CFR 316.3(a)(2) **(2)** If an electronic mail message contains both the commercial advertisement or promotion of a commercial product or service as well as transactional or relationship content as set forth in paragraph (c) of this section, then the “primary purpose” of the message shall be deemed to be commercial if: ##### 16 CFR 316.3(a)(2)(i) **(i)** A recipient reasonably interpreting the subject line of the electronic mail message would likely conclude that the message contains the commercial advertisement or promotion of a commercial product or service; or ##### 16 CFR 316.3(a)(2)(ii) **(ii)** The electronic mail message's transactional or relationship content as set forth in paragraph (c) of this section does not appear, in whole or in substantial part, at the beginning of the body of the message. #### 16 CFR 316.3(a)(3) **(3)** If an electronic mail message contains both the commercial advertisement or promotion of a commercial product or service as well as other content that is not transactional or relationship content as set forth in paragraph (c) of this section, then the “primary purpose” of the message shall be deemed to be commercial if: ##### 16 CFR 316.3(a)(3)(i) **(i)** A recipient reasonably interpreting the subject line of the electronic mail message would likely conclude that the message contains the commercial advertisement or promotion of a commercial product or service; or ##### 16 CFR 316.3(a)(3)(ii) **(ii)** A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is the commercial advertisement or promotion of a commercial product or service. Factors illustrative of those relevant to this interpretation include the placement of content that is the commercial advertisement or promotion of a commercial product or service, in whole or in substantial part, at the beginning of the body of the message; the proportion of the message dedicated to such content; and how color, graphics, type size, and style are used to highlight commercial content. ### 16 CFR 316.3(b) **(b)** In applying the term “transactional or relationship message” defined in the CAN-SPAM Act, 15 U.S.C. 7702(17), the “primary purpose” of an electronic mail message shall be deemed to be transactional or relationship if the electronic mail message consists exclusively of transactional or relationship content as set forth in paragraph (c) of this section. ### 16 CFR 316.3(c) **(c)** Transactional or relationship content of email messages under the CAN-SPAM Act is content: #### 16 CFR 316.3(c)(1) **(1)** To facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender; #### 16 CFR 316.3(c)(2) **(2)** To provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient; #### 16 CFR 316.3(c)(3) **(3)** With respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender, to provide — ##### 16 CFR 316.3(c)(3)(i) **(i)** Notification concerning a change in the terms or features; ##### 16 CFR 316.3(c)(3)(ii) **(ii)** Notification of a change in the recipient's standing or status; or ##### 16 CFR 316.3(c)(3)(iii) **(iii)** At regular periodic intervals, account balance information or other type of account statement; #### 16 CFR 316.3(c)(4) **(4)** To provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or #### 16 CFR 316.3(c)(5) **(5)** To deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. [16 CFR 316.3 on eCFR](https://www.ecfr.gov/current/title-16/section-316.3) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [CAN-SPAM Navigator](https://dposchool.com/can-spam) / 16 CFR 316.3 Previous: [16 CFR 316.2 CAN-SPAM: Definitions](https://dposchool.com/can-spam/section/316.2) Next: [16 CFR 316.4 CAN-SPAM: Requirement to place warning labels on commercial electronic mail that contains sexually oriented material](https://dposchool.com/can-spam/section/316.4) ## For AI agents - Machine-readable index: https://dposchool.com/can-spam/llms.txt - JSON API: https://dposchool.com/can-spam/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents