What is Burneys Sweets More franchisee's responsibility regarding advertisements transmitted by other parties?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iv) Marketing; Consumer Protection.
Franchisee warrants and represents not to transmit or cause any other party to transmit advertisements or solicitations by e-mail, SMS text message, or other electronic media without first obtaining Franchisor's written consent as to: (a) the content of such e-mail, electronic, or SMS text message advertisements or solicitations; and (b) Franchisee's plan for transmitting such advertisements.
In addition to any other provision of this Agreement, Franchisee shall be solely responsible for compliance with all laws pertaining to e-mails, including, but not limited to, the U.S.
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (known as the "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.
Franchisee must comply with the Fair and Accurate Credit Transactions Act (FACTA) and all other consumer protection laws and regulations.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees must obtain written consent from Burneys Sweets More before they or any other party transmits advertisements or solicitations via email, SMS text message, or other electronic media. This consent is required for both the content of the advertisement and the franchisee's plan for transmitting it.
Burneys Sweets More franchisees are solely responsible for complying with all laws pertaining to emails, including the CAN-SPAM Act of 2003, and to the use of automatic dialing systems, SMS text messages, and artificial or prerecorded voice messages, including the Telephone Consumer Protection Act of 1991 (TCPA), as amended. Franchisees must also comply with the Fair and Accurate Credit Transactions Act (FACTA) and all other consumer protection laws and regulations.
This means that a Burneys Sweets More franchisee needs to be very careful about how they market their franchise. They need to ensure that all advertising and solicitations, especially those transmitted electronically, are pre-approved by Burneys Sweets More and fully compliant with all applicable laws. Failure to do so could result in legal penalties and potential breaches of the franchise agreement.