It depends on whether the business asking a consumer to forward to a friend has offered to pay the forwarder or give the forwarder some other benefit. For example, if the business offers money, coupons, discounts, awards, additional entries in a sweepstakes, or anything of benefit to the forwarder in exchange for forwarding a message, then the Act must be complied with and the advertiser may be responsible for compliance. Or if an advertiser pays or gives a benefit of any kind to someone in exchange for generating traffic to a website or for any form of referral, the advertiser must comply with the Act.
For operational guidance and structured compliance documentation tools, visit the CLIClaw Email Marketing Compliance Library.
This FAQ is provided for general informational purposes only and is not legal advice. It is intended as a starting point for understanding the issues discussed and should not be relied on as a substitute for advice from qualified legal counsel.
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