Where can I find the definition of 'CAN-SPAM Act' within the Camp Margaritaville franchise agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
- (b) Data and Consumer Protection Laws.
Franchisee represents, warrants and covenants that it is familiar with the requirements of, and that it has been, is and will continue at all times to be, in compliance with all consumer protection, data protection, privacy and cybersecurity laws that may be applicable to the Resort, the Camp Margaritaville System, Franchisor or Franchisee, including but not limited to the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"), the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) ("CCPA"), the Virginia Consumer Data Protection Act ("CDPA"), the Colorado Privacy Act ("CPA"), the Utah Consumer Privacy Act ("UCPA"), the Connecticut Personal Data Privacy and Online Monitoring Act ("CPDPA"), the Telephone Consumer Protection Act of 1991 ("TCPA"), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (the "CAN-SPAM Act"), the Telemarketing Sales Rule ("TSR") and the Junk Fax Prevention Act, any regulations related thereto, and similar federal, state and local privacy-related and telemarketing-related laws, rules, regulations and ordinances ("Data Protection Laws").
Franchisee grants Franchisor the right to take reasonable and appropriate steps to ensure all Guest Profile Data is being processed in accordance with Data Protection Laws.
Franchisee further represents, warrants and covenants that no person (including any Governmental Authority) has provided Franchisee any notice or commenced any action or investigation with respect to a potential violation by Franchisee of the TCPA or any other Applicable Law, and that Franchisee will notify Franchisor of any such notice, action or investigation by e-mail at legal@margaritaville.com within 15 calendar days following Franchisee's receipt of such notice, action or investigation.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, the definition of the CAN-SPAM Act can be found within Item 23, which pertains to receipts. Specifically, it falls under the section concerning Data and Consumer Protection Laws.
The FDD states that franchisees must be familiar with and adhere to all applicable consumer protection, data protection, privacy, and cybersecurity laws. These laws include, but are not limited to, GDPR, CCPA, CDPA, CPA, UCPA, CPDPA, TCPA, the CAN-SPAM Act, TSR, and the Junk Fax Prevention Act. The CAN-SPAM Act is listed among these laws, indicating its relevance to the franchisee's obligations regarding data and consumer protection.
This section emphasizes the franchisee's responsibility to comply with various data protection and telemarketing laws. It also grants Camp Margaritaville the right to take steps to ensure that Guest Profile Data is processed according to these laws. Furthermore, the franchisee must inform Camp Margaritaville of any notices, actions, or investigations related to potential violations of the TCPA or any other applicable law.