Difference between an ad and a statement

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Question:

If a customer opts out of receiving emails under CAN SPAM, but is signed up to receive e-statements, do we need to check that against the opt-out list?

Answer:

Email messages used to e-deliver account statements are included within the definition of a “transactional or relationship message." If the message is a transactional or relationship message, then it is exempted from the definition of a commercial electronic mail message.
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