Is a Burneys Sweets More franchisee responsible for compliance with the CAN-SPAM Act?

According to the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees are responsible for complying with email marketing laws. Specifically, a Burneys Sweets More franchisee is solely responsible for adhering to 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 means the franchisee must ensure all email marketing practices comply with federal regulations regarding unsolicited commercial emails.

In addition to the CAN-SPAM Act, Burneys Sweets More franchisees must also comply with all laws pertaining to the 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. Furthermore, franchisees must comply with the Fair and Accurate Credit Transactions Act (FACTA) and all other consumer protection laws and regulations.

Before transmitting any advertisements or solicitations via email, SMS text message, or other electronic media, a Burneys Sweets More franchisee must first obtain the franchisor's written consent. This consent is required for both the content of the advertisements and the franchisee's plan for transmitting them. This requirement ensures that all marketing efforts align with the franchisor's brand standards and legal requirements, reducing the risk of non-compliance and potential legal issues for both the franchisee and the franchisor.