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New Franchise Legislation: Point/Counterpoint

  • Broadcast in Real Estate
Howard Kline

Howard Kline


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"In the '90s, we witnessed efforts by franchisee rights advocates to introduce federal franchise legislation to protect franchisee interests in their relationships with franchisors. In connection with the FTC reviewing and amending the FTC Rule on Franchising, similar efforts were made to add a relationship component to the amended rule. These various efforts failed and we have been through a period of relative calm with respect to proposed franchise legislation. 

However, in recent months we have seen a resurgence of legislative efforts – this time at the state level – that may change the playing field.  Whether it is due to the challenging economic environment, a perception that franchise agreements are more one-sided or other circumstances, these recent efforts seek to tilt the balance in favor of franchisees by restricting franchisor practices that are deemed unfair, protecting franchisees’ equity in their businesses and empowering collective actions by franchisee groups." ~ Erik B. Wulff, Esq. 

Join my guests, Attorneys, Erik Wulff and Robert Purvin as they discuss differing views on these efforts to increase franchisee rights.  This will be a count/counterpoint type of discussion.  To the extent appropriate, I will add the perspective of the landlord and how these changes may effect their leases.