Attention Spammers: New Rules for Marketing Via Text and Email

Attention Spammers: New Rules for Marketing Via Text and Email

  Before franchisors (or any company) starts sending commercial texts or emails, they should be aware of the new rules regarding this type of marketing.  The Federal Communications Commission and its CAN-SPAM laws govern the rules related to text marketing and email marketing, which means that any person, including business entities and nonprofit associations, that initiates commercial e-mail messages must comply with the CAN-SPAM Act requirements.   Importantly, CAN-SPAM does

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Franchisee in the Jailhouse

Franchisee in the Jailhouse

One huge dilemma a franchisor can face is when a franchisee is accused of a crime that has nothing to do with the operation of the franchised business. First, you have to look to the terms of your franchise agreement. Most franchise agreements will allow a franchisor to terminate the franchise agreement if a franchisee is convicted of a crime or engages conduct that reflects poorly on the franchisor’s brand

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Paperless Filing for State Franchise Registrations

Paperless Filing for State Franchise Registrations

  This week, the Wisconsin Department of Financial Institutions sent out an email confirming that Wisconsin will only accept electronic filing (or “e-filing”) of all franchise registration applications beginning on October 1, 2016. With this announcement, Wisconsin will become that first franchise registration state that does not allow franchisors to submit registration applications in the mail.  This communication also present us with a good opportunity to review the status of

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Avoid the Pitfalls of Offering Gift Cards Through Your Franchise System

Avoid the Pitfalls of Offering Gift Cards ThroughYour Franchise System

Do you have system-wide gift card program?  Have you talked to your attorney regarding the federal and state requirements related to gift cards?  What happens to the gift cards sold by a franchise location that subsequently closes?  If you offer gift cards through your franchise system and haven’t spoken to your attorney, it’s definitely time to have that conversation. The Credit Card Accountability Responsibility and Disclosure Act (the “Act”) regulates

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