15 U.S.C. § 7705 — Businesses knowingly promoted by electronic mail with false or misleading transmission information

(a) In general: It's illegal for a person to promote, or allow the promotion of, their trade or business, or their goods, products, property, or services, through a commercial email whose transmission violates section 7704(a)(1) of this title, if that person: (1) knows, or should have known in the ordinary course of that trade or business, that those goods, products, property, or services were being promoted in such a message; (2) received or expected to receive an economic benefit from that promotion; and (3) took no reasonable action to (A) prevent the transmission, or (B) detect the transmission and report it to the Commission. (b) Limited enforcement against third parties: (1) In general: Except as (2) provides, a "third party" who provides goods, products, property, or services to a person who violates (a) isn't liable for that violation. (2) Exception: Liability for violating (a) is imputed to a third party who provides goods, products, property, or services to a person who violates (a) if that third party (A) owns, or has a greater than 50 percent ownership or economic interest in, the violator's trade or business; or (B) (i) has actual knowledge that goods, products, property, or services are being promoted in a commercial email whose transmission violates section 7704(a)(1) of this title, and (ii) receives, or expects to receive, an economic benefit from that promotion. (c) Exclusive enforcement by FTC: Subsections (f) and (g) of section 7706 of this title, about who may bring an action, don't apply to violations of this section. (d) Savings provision: Except as section 7706(f)(8) of this title provides, nothing in this section limits or prevents any action that may be taken under this chapter for a violation of any other section of this chapter.