Quiznos' Attempt to Kill Class Action Status "Toasted" By Canadian Court
The class action suit against Quiznos was upheld by the Ontario Court of Appeals allowing the franchisee plantiffs their day in court. " The Court noted that the lawsuit was 'exactly the kind of case for a class proceeding.'”
The main issue being brought before the court is the question of whether the franchisor conspired with the "co-defendant Gordon Food Service to inflate prices paid by franchisees for their supplies."
Read more: Financial Times
This could prove
to be an important case for all of franchising. Unconscionable conduct, mandatory purchasing abuse and inflated pricing is not a newish concept for franchising. Here you have the signature authorizing unlimited power v the abuse of that power. But not all that creates the illusion that produces the signature. In Australia this action would never have gotten off the ground. I would really appreciate it if the Q zees won this one ...... big time.
Re-framing the issue: individual to group
I started out thinking that "the troubles" were individual-focused, trademark-specific and solvable in the short-term via the Justice System.
If the issue is re-defined as a social justice problem afflicting an identifiable group, What's our 10, 11, 12 years of near-full time, volunteering? Nothing, my friend.
These things have their own timetable and are inevitable because injustice always collapses internally from its own self-hate.
When does the Judicial Process
Start? Our 7th Amendement Constitional Right has been contracted away, in every aspect of our daily life. Jobs, owning a home, renting, doctors, insurance, credit cards, buying or renting a car, cell phones, utilities, cable, hell even using the internet has an arbitration clause attached to it.
So my question is: Where is the Judicial Process?
As more and more Americans continue to bury thier heads in the sand, our Constition is being chipped away at little by little.
WAKE UP AMERICA BEFORE IT'S TOO LATE
It is not America's fault that stupid people sign away their
rights in awful contracts associated with terrible investments. The Constitution is not your nanny!
Re: Not America's fault
Richard, I know you and I will disagree on this. If this was a series of isolated events I would agree with you. However, this is a coordinated, concerted attempt at manipulation, deceit and, IMHO, fraud. This has been a decades long process of refining contractual language, filling in loopholes and manipulating legislative attempts to corral unseemly and harmful franchisor practices. Had this been one, two or even a handful of franchisors I would defer to your argument. However, you and all the other franchise specialists on this site have repeatedly stated that most systems are frauds. In any other instance, if the majority of the "players" are frauds and practice coordinated behavior to manipulate information to enrich themselves at the expense of the "consumer", legislative change would have already occurred.
Regulations may not stop the initial bad practices but they would allow for judicial relief - which is currently few and far between.
Since laws regarding franchise practices are not preventing
impropriety - unfairly taking advantage of stupidity - why don't we try it the other way. Maybe we will have a better result.
Why don't we outlaw stupidity?
I think you have inspired a really genius idea with your argument. Just think of all the terrible situations we could have avoided, personally and at the national level, if we had outlawed stupidity. We would not have gone into Iraq of Afghanistan and we would not have franchise fraud and abuse. I certianly hope you awarded the prize of the week from Bleu Mau Mau for your incredibly wonderful approach.
Richard stupid people
are not the topic. For the record I'm not in favor of a Nanny State. Contracting away your rights to a Trial by a Jury of your Peers, is our CONSTITUTIONAL RIGHT.</p>
Arbitration clauses are every where. It has fallen under the Radar and is out of control. I see Arbitration as forced Regulation of our Judicial System to those who need a quarnteed outcome for bad and illeagl behavior. While most Americans contiue to put thier heads in the sand on this and many other issues we are losing control of our freedoms and our lives everyday. Not a believer?</p>
Read this: <a href="http://www.prisonplanet.com/lieberman-china-can-shut-down-the-internet-…; target="_blank">JOE LIEBERMAN: CHINA CAN SHUT DOWN THE INTERNET, WHY CAN'T WE?</a></p>
Put them on a slow boat to China, and good riddance to them all!</p>
Gee Whiz, Oldwad. Your custodians need to adust your meds
before you are allowed out on another day pass.
I have deleted the copy of an original article embedded in your comment since it infringes on copyright law. Writers can copy a paragraph or so to highlight a point that they want to make. But commenters cannot post entire articles. After all, the Blue MauMau community is a law abiding group.
Also, please include hyperlinks to original articles as a courtesy to the writers of the articles. That way our readers know where to read more.
Guest, you are also a hair's distance from having your comment and the comment thread under it moved to our Ranter's Soapbox since it is off the topic of the above article, i.e. the certification of a Canadian class action lawsuit against Quiznos. - Moderator
When did signing a franchisee agreement
make it legal to price fix and conspire?
Are we not talking about "breach of contract"?
Is this not in great part about "the competition act" and "conspiracy"?
The justices in this case feel that this is preferable procedure and that this case is the epitome of what class action were intended for.
When injustices happen court rooms and judges are the avenue people take for a remedy. Now you can all laugh -- the law and justice-- ha!
There is an opportunity here for the courts to weigh in on what "good faith" is all about as it relates to franchising. Why should a franchise agreement release you from obligations that are attached to good old ordinary contract law.
Oldsword you just don't get it
Richard is right!
"It is not America's fault that stupid people sign away their rights in awful contracts associated with terrible investments. The Constitution is not your nanny!"
You have your "hobby horse" and I think you need a new one. Just because your franchise endeavor did not work out it doesn't mean the majority of franchises are corrupt or even that your franchisor was.
People who enter into commercial contracts are not "consumers" they are parties to a contract that have a duty to themselves to perform due diligence and not rely on the government to protect then from their own ineptitude.
Commentators might want to read the actual Quiznos decision and what it means, before commenting.
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Time is running out
The Canadian franchisees better hope the judge can get this lawsuit moving. At the rate Q's are closing, less than 3200 today versus a high of nearly 6,000 a couple of years ago, there may be nothing left but an empty shell when the franchisees win and it's time for Dick and the Qtards to pay up.