Who is Responsible for Compliance when you Request that a “Friend Forward to a Friend”?
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.
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