--- title: "15 U.S.C. 7705 CAN-SPAM: Businesses knowingly promoted by electronic mail with false or misleading transmission information" canonical: "https://dposchool.com/can-spam/section/7705" source: "https://uscode.house.gov/us/usc/119-136/t15/s7705/" 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: "2026-10-22" language: "en" publisher: "DPO School" --- 15 U.S.C. 7705 CAN-SPAM · Chapter 103: CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING # 15 U.S.C. 7705 CAN-SPAM: Businesses knowingly promoted by electronic mail with false or misleading transmission information United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026. ## Official text ### 15 U.S.C. 7705(a) **(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— #### 15 U.S.C. 7705(a)(1) **(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; #### 15 U.S.C. 7705(a)(2) **(2)** received or expected to receive an economic benefit from such promotion; and #### 15 U.S.C. 7705(a)(3) **(3)** took no reasonable action⁠— ##### 15 U.S.C. 7705(a)(3)(A) **(A)** to prevent the transmission; or ##### 15 U.S.C. 7705(a)(3)(B) **(B)** to detect the transmission and report it to the Commission. ### 15 U.S.C. 7705(b) **(b)** Limited enforcement against third parties #### 15 U.S.C. 7705(b)(1) **(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. #### 15 U.S.C. 7705(b)(2) **(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— ##### 15 U.S.C. 7705(b)(2)(A) **(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 ##### 15 U.S.C. 7705(b)(2)(B) **(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 ##### 15 U.S.C. 7705(b)(2)(ii) **(ii)** receives, or expects to receive, an economic benefit from such promotion. ### 15 U.S.C. 7705(c) **(c)** Exclusive enforcement by FTC Subsections (f) and (g) of section 7706 of this title do not apply to violations of this section. ### 15 U.S.C. 7705(d) **(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. ## Source 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 credit: ( Pub. L. 108-187, § 6 , Dec. 16, 2003 , 117 Stat. 2710 .) [15 U.S.C. 7705 on the Office of the Law Revision Counsel](https://uscode.house.gov/us/usc/119-136/t15/s7705/) United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [CAN-SPAM Navigator](https://dposchool.com/can-spam) / 15 U.S.C. 7705 Previous: [15 U.S.C. 7704 CAN-SPAM: Other protections for users of commercial electronic mail](https://dposchool.com/can-spam/section/7704) Next: [15 U.S.C. 7706 CAN-SPAM: Enforcement generally](https://dposchool.com/can-spam/section/7706) ## 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