Unsolicited Commercial E-mail

Commercial e-mail is e-mail that promotes goods, services, real property, and other things of value.

Under Michigan law, an e-mail is considered “unsolicited” if it was sent without the recipient’s express permission by a business with which the consumer had no preexisting business or personal relationship.

A “preexisting business relationship” is defined as a relationship existing before the receipt of an e-mail and formed voluntarily by the recipient with another person (through an inquiry, application, purchase, or use of a product or service furnished by the sender).

Finally, an e-mail is not unsolicited if it was received as a result of the recipient opting into a system in order to receive promotional material.

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