Franchising_Regulatory_Issues_Unresolved
Franchising Regulatory Issues Unresolved

Most in the franchising industry are too afraid of the Federal Trade Commission to speak out against their abuses of power. Most attorneys kiss their rear ends to make sure they are not closed out of the loop, insuring that they get positive opinions on areas of law when they ask for an interpretation. Lawyers in the franchising industry are careful to hob knob with the regulators to help their clients positions and often have brilliant comments, kiss butt style letters and extremely warm words for the FTC’s franchising groups endeavors. But alas, there is a completely dark side to the Federal Trade Commission’s Consumer Division, which houses the franchising group there.

Few citizens realize that it is a complete fraud. Completely, most franchise attorneys and most franchisors do not have the experiences I have in dealing with their lies to understand the ramifications to our economy. The attorneys in the industry are either lying in their comments and letters on rule making or are absolutely wrong in their perceptions of what actually goes on at the FTC.

If one digs deep enough into the FTC Franchise Groups inner workings there is more than enough documented proof of their fraud against the consumers to make any free man puke. There is not one redeeming quality to their endeavors in franchising. They need to have their budget axe'ed. Steve Toporoff, who has run the franchising group for decades should be fired and lose his pension and his staff should be let go too. Anyone who has ever worked under him should be forced out. The dismal performance is unbecoming of such an important sector of our economy. The grandstanding is unacceptable and the quality of work is some of the worst many have ever seen. The sooner he and his staff are let go the better for the American Economy and franchising in general which is a huge part of it. There is no reality based thinking at the FTC Consumer Franchising Division. The new rules hurt the smaller franchises and protect the bigger ones to the detriment of free markets creating artificial barriers to entry and lessening consumer choice while raising prices to the very consumer they claim to protect.

http://www.ftc.gov/os/comments/franrulestaffrpt/OL-100001.pdf

This is only part of what is wrong there at the Federal Trade Commission. Every action they take stifles free enterprise and hurts the consumer. One could write a thousand pages of examples. For those who are an attorneys in the industry, it behooves them to be cordial and gentleman like in their comments and letters and of course talk the party line of course, I do not condemn anyone for doing what is in their best interests. But I totally disagree with the attorney’s comments and they either know or should have known the truth if they truly follow the industry.

FTC rule after 15 years of nothing is now going through its final changes? Better late than never one might say. Unfortunately the FTC is incompetent and the biggest waste of Tax Payers money I have ever witnessed in my travels to every city in the US over ten thousand people and after having set up franchised businesses in 23 states and four countries. The FTC is a fraud, completely, absolutely and there can be no debate.

The Do Not Call List is a sham. It allows some business models to call and restricts others, it is not real, PR Fluff. Corporate mergers, no, they fall down there too. The Federal Trade Commission often delays mergers and that costs people jobs and investors billions per year in their portfolios. The Federal Trade Commission cannot stop SPAM, Identity theft or anything else, always passing the costs on to the companies and then of course that gets passed on to investors and consumers. Making more rules, which they themselves do not even follow, must be nice? A reality check is needed, that agency needs its budget cut to a third immediately, everyone should be fired.

One attorney in an interview said:

“I recall a conversation I had at a breakfast with one of the FTC Commissioners a few years ago in which I asked her if she saw any significant problems with franchising. After a few moments for thought, she replied that she didn’t, other than possible issues related to overlapping regulation by both the states and the feds.

So, for me, the FTC has done a fine job in promulgating and revising the Franchise Rule over the years, particularly given that there are other areas of much greater concern to them, such as Bus. Opp. fraud, consumer financial privacy, the National Do Not Call Registry, regulation of Truth in Advertising, overseeing corporate mergers, etc.

We shouldn’t let our focus on franchising become parochial and forget that our field is just one small part of the big picture, at least from the FTC’s standpoint and probably from that of regulators generally. It’s probably a tribute to the relatively good health of franchising that we don’t get more regulatory attention than we do!”

I disagree on all their points, this law firm is totally incorrect. You can meet with all the commissioners you want, they do not have control of their vindictive rank and file who have never had to make a paycheck. Coming out of academia LA LA Land or the Gay Washington DC Bars the night before. Deny it. Even if you have 5 good and decent caring Presidential appointed super stars as commissioners who are somewhat reality based, what is the point. The Federal Trade Commission attacks businesses, they destroy lives, jobs, tax base, stock portfolios, pensions and cause off shoring, trade deficits, over regulation and under performing economies.

This one agency contributes more strife on free enterprise than any other agency in the history of mankind in my opinion. Look at the havoc they cause American Businesses? Filing false documents in court, making up stuff as they go, coaxing lies in declarations; not a single bit of the help to the American Consumer they purport is reality. It is a contrived bunch of hooey?

How can anyone including a ‘truth telling lawyer’ honestly believe that they are helping America? That is silly. I am not speaking merely of "Franchising" which happens to account for 1/3 of every consumer dollar spent and represents 400,000 businesses. I am talking all the way around. Their economists are linear thinkers, their lawyers cannot get a real job and their attacks on the American Economy is worse than anything Osama Bin Laden could dream up.

I appreciate the franchise attorneys wanting to cover for themselves to make their law firms look like a stand outs. I appreciate these lawyers pretending to take the high road but to live a lie that is so blatantly obvious is unbecoming of even a lawyer. The hypocrisy of the FTC is unnerving to say the least. Whether or not; "The Attorneys Believe" the FTC is doing a fine job is immaterial, because they are not. The FTC is a fraud against the best that this country has to offer, as well as against freedom and free enterprise as we know it. That is the truth, it must be known.

I call for a reduction of the Federal Trade Commission’s Budget by 1/3 immediately and decrease of at least that much the following year. Also downsizing of staff, removal of the statute out front and setting up their offices in Newark, NJ; because that is what they would turn this country into if they could.

FTC doing a Good Job for America; what are you lawyers thinking? You don't actually believe that do you? The Justice Department ought to be ashamed of that division? Ouch. Truth, Justice and the American Way at the FTC, no way, it does not exist. Unfortunately it is all a lie, there is no justice; only grandstanding, press releases to 7500 news organizations, a few press conferences and puffery. It’s really too bad, because their mission statement sure makes one feel good, safe and proud to be an American. If only it were real, wouldn’t that be something for the United States of America? Think about it.

"Lance Winslow" - If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs

 

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