Log In / Register | Feb 7, 2012

Arguments Shed Light on UPS Decision

Last week I reported on the Court of Appeals ruling in Samica v Mail Boxes Etc., affirming the district court decision in granting summary judgment to the franchisor. In reading the decision, I was baffled as to how 200 franchisees, who have been battling their issues in court for the past five years, could get it so wrong.

The IFA's Strange Penchant for Tyrants

Putting leaders in who oppress franchisees seems to be a pattern for the International Franchise Association. A year ago to date, Stephen Caldeira abruptly left his position as executive VP of communication and chief public affairs officer at Dunkin’ Brands, amid internal controversy and bitter disputes with the company’s franchisee community.

Thanksgiving Day: A Remembrance of Bob Baber

Today marks the second anniversary of Bhupinder "Bob" Baber's tragic death, the day he walked into a Quiznos restaurant in California and shot himself three times.

NexCen Statement from Legal Department

Writer's Note: As part of a letter sent to franchisees today, president Chris Dull attached a statement from NexCen's legal department regarding the company's recent announcements.

Appeals Court Order Striking IFA's Amicus in Support of Atlanta Bread

ATLANTA (Blue MauMau) - The Order issued by the Georgia Court of Appeals on January 3, 2008, stating that it agreed with the franchisee's Motion to Strike Amicus Brief of the International Franchise Association is now available to review. The Order and Motion are attached below, referred to in yesterday's article: Franchise Community Awaits Amicus Decisions on Appeal

Super 8 Responds to Newly Formed Owners 8 Association

To: All Super 8 Owners and Operators

From: John Valletta, President

Date: January 7, 2008

Subject: Owners 8 Association

As many of you know, a small group of Super 8® operators has organized an independent owners group called Owners 8 Association. Because the Web site of this group has been filled with distorted, inaccurate and misleading information, I felt it was time to provide you with some facts about our brand and its programs, and to respond to some of the false and derogatory allegations being made by that group.

Owners 8 Association Presents Issues to Super 8

Writer's Note: In a letter sent to John Valletta, president of Super 8 Motels, Inc., Jay Patel, head of the Owners 8 Association, presented the top issues concerning franchisee members. The main purpose of the letter was to help Super 8 understand their position and to, hopefully, engage the company in a dialogue and discussion that will resolve the issues.

Top 4 Issues with the Super 8 Franchise System

Dear Mr. Valletta:

Point: Earnings Claims Should Be Mandatory

Writer's Note: One of the hottest topics in franchising over the past years has been whether or not the Federal Trade Commission should require franchisors to give earnings claims to prospective franchisees, prior to purchasing a unit.  Harry Rifkin gives his argument as to why earnings claims are crucial and why they should be mandatory .

Franchisee Prospects Need Financial Performance of Franchisor
By Harry M. Rifkin, Cohan, West, Rifkin & Cohen, P.C., Baltimore, Maryland Franchise Lawyer

Whether there should be Mandatory Earnings Claims (now to be referred to as Financial Performance Representations) in disclosure documents has been a subject of debate for over 15 years. When I first considered the issue, I was opposed to it because I thought that it would be impossible for the government to devise a one size fits all requirement to cover the diverse landscape of franchising and because I feared that a mandatory earnings claim would have to have so many disclaimers attached to it that it would be meaningless. However, my view has changed over the years for several reasons.

CounterPoint: Earnings Claims Should Not Be Mandatory

Writer's Note: In countering Harry Rifkin's opinion piece titled Earnings Claims Should Be Mandatory, Attorney David Cahn gives his opposing view. He feels the FTC took the necessary steps in the new Franchise Disclosure Documents to rectify any possible abuses that might occur in a non-mandatory structure. 

Why the FTC Got it Right – An Argument against Mandatory Earnings Claims

By David L. Cahn, Franchise & Business Law Group, Baltimore, Maryland

 The new Federal Trade Commission franchisor disclosure rules include several important revisions to the old Uniform Franchise Offering Circular guidelines. One important change that was not made, however, was to make earnings claims (now “Financial Performance Representations” or “FPRs”) mandatory. While the FTC recognized that there was a potential for abuse with its non-mandatory structure, it properly took steps to minimize this potential, rather than taking the unnecessary step of mandating FPRs.

IFA Presents Stronger Focus on Franchisee Issues

IFA's 48th Convention in Orlando Takes New Direction

WASHINGTON D.C. (Blue MauMau) - As an attendee of the International Franchise Association's 48th Annual Convention, I feel there might be an ever-so-slight turn in the direction of this huge 48-year-old franchise vessel. Representing nearly 1,300 franchisors, 10,000 franchisees and 500 suppliers, the IFA put on an enthusiastic conference demonstrating to its 3,000 plus attendees how it lives up to its mission of "protecting, enhancing and promoting franchising." While no one can refute IFA's aggressive growth in membership and financial strength, some have questioned if such growth has the right purpose behind it. Exceeding its FY07 revenue budget of $12 million, convention reports showed how it has been able to fund updated impact studies, leadership conferences, educational programs and government relations and public relations efforts. But the main obligation the world's largest franchise trade association has to members is more difficult than that. It must constantly be proving that it equally represents the franchisor and franchisee communities.