Social networking messages transmitted by an advertiser or by a consumer who has been duped by the advertiser to pass on the message, should be considered electronic communications that are subject to CAN-SPAM. As advertising continues to proliferate, so will restrictive regulations.
The FTC has consistently maintained the position that simply obtaining a consumer’s phone number in a sweepstakes entry – without anything more— does not establish a relationship that would exempt a marketer from the Do Not Call rules. However, with a little more work, marketers may rely on the “Written Permission to Call” exemption to the Telemarketing Sales Rule.
It was touted as the “world’s only germ-killing vacuum,” with sophisticated and futuristic “electrostatic precipitators” and “germicidal UV-C light technology.” As far as the FTC was concerned, they may as well have thrown in a flux capacitor.