Comments:

With regard to "primary purpose" and "transactional relationships," these definitions do not seem to address the relationship between a non-profit trade association or membership organization whose primary purpose in using e-mail is to convey information to its members. It would appear that the definition of "commercial e-mail" would include these non-profit associations and their communications with their members. This definition is too broad. Trade associations and other membership based organizations must often send notices of conferences, educational opportunities, as well as information about goods or services to their members. Cost information must be included. These commmunications should not be classified as "commercial" because this would be contrary to the benefits of membership, where member individuals or organizations expect be informed of such opportunities and view this information as a benefit resulting from the payment of their dues. There should be an additional category under B(1) that addresses this type of "transactional relationship."