Our marketing department is challenging compliance regarding the categorization of a proposed electronic messages. The first scenario includes a message to customers wishing them a happy holiday while the second message is a holiday message combined with an advice regarding office hours. Compliance feels that the happy holiday message solely does not fall within the definition of a "transactional" message as prescribed under the CAN SPAM Act. Therefore, we feel it's commercial. We also feel the second scenario is a combined commercial and transactional. Would you be able to provide some perspective. We want to ensure that we react accordingly if commercial, triggering the CAN SPAM requirements. Thank you.

Define electronic messages.

Hi, I was referring to email messages. Thank you!

They are both commercial, as neither is about a specific customer transaction. I see nothing about office hours mentioned below. Have you read this?

https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

Q. How do I know if what I’m sending is a transactional or relationship message?

A. The primary purpose of an email is transactional or relationship if it consists only of content that:

- facilitates or confirms a commercial transaction that the recipient already has agreed to;

- gives warranty, recall, safety, or security information about a product or service;

- gives information about a change in terms or features or account balance information regarding a membership, subscription, account, loan or other ongoing commercial relationship;

- provides information about an employment relationship or employee benefits; or

delivers goods or services as part of a transaction that the recipient already has agreed to.

Good morning. As a follow-up to the prior trail...we are evaluating Marketing's proposed disclosures, as shown below, that are intended to comply CAN SPAM 15 USC Chapter 103. CAN SPAM indicates that email messages must have a clear and conspicuous identification of the message as an Advertisement. The proposed disclosures do not explicitly state that they are are Advertisement, so I was hoping to get Bankersonline perspective/direction. Thank you!

Proposed disclosures:

This message provides information about WSFS products and services that may be of interest to you or
This promotional email was sent to you to provide information about products, services, or special offers that may be of interest to you.

We want to ensure that the proposed disclosures are clear and conspicuous and welcome your perspectives.

Thank you!