Is a Belocal franchisee responsible for compliance with the CAN-SPAM Act of 2003?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall be solely responsible for compliance with all laws pertaining to emails, including, but not limited to, the U.S.
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act of 2003"), and to use of automatic dialing systems, SMS text messages, and artificial or prerecorded voice messages, including but not limited to the Telephone Consumer Protection Act of 1991 ("TCPA"), as amended from time to time.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the franchisee is solely responsible for complying with all laws pertaining to emails, including the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, also known as the CAN-SPAM Act of 2003. This also extends to the use of automatic dialing systems, SMS text messages, and artificial or prerecorded voice messages, including compliance with the Telephone Consumer Protection Act of 1991 (TCPA).
This means that a prospective Belocal franchisee must understand and adhere to all regulations related to electronic communications and marketing. Failure to comply with these laws can result in significant fines and legal repercussions, for which the franchisee will be held responsible.
It is crucial for potential Belocal franchisees to familiarize themselves with the CAN-SPAM Act, TCPA, and other relevant consumer protection laws. They should also implement procedures to ensure their marketing practices are compliant. This may include obtaining legal counsel to review marketing strategies and ensure adherence to all applicable regulations.