What is Burneys Sweets More franchisee's responsibility regarding the content of email advertisements?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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, a franchisee must obtain written consent from Burneys Sweets More regarding the content of any email, SMS text message, or other electronic media advertisements or solicitations before transmitting them or causing another party to transmit them. This consent extends to both the content of the advertisement and the franchisee's plan for transmitting such advertisements. This requirement ensures that all marketing efforts align with the brand's standards and legal requirements.
Furthermore, the Burneys Sweets More franchisee is 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). The franchisee must also comply with the Fair and Accurate Credit Transactions Act (FACTA) and all other consumer protection laws and regulations. This places the onus on the franchisee to stay informed about and adhere to the evolving legal landscape of electronic marketing and consumer protection.
In practical terms, a prospective Burneys Sweets More franchisee needs to establish a process for submitting all advertising materials to Burneys Sweets More for approval well in advance of their intended use. They also need to ensure they have a thorough understanding of relevant consumer protection laws and implement practices to maintain compliance. Failure to comply with these requirements could result in legal penalties and damage to the Burneys Sweets More brand's reputation.