This article examines two major legal problem areas in franchising: deceptive practices in the selling of a franchise and unfair practices in the operation of a franchise system. Legal remedies for these deceptive and unfair practices are examined based on findings from an empirical study among state attorneys general.
Get full access to this article
View all access options for this article.
References
1.
Brown, Harold (1969), Franchising, Trap for the Trusting, Boston: Little, Brown and Company.
2.
Brown, Harold (1973), Franchising Realities and Remedies, New York: Law Journal Press.
3.
CoLamosca, Anne (1979), "The FTC Cracks Down-A Little," Venture, May, pp. 9-12.
4.
Fairness in Franchising Act (1976), Hearings before the Committee on Commerce, United States Senate, Ninety-fourth Congress, second session on S.2355, Washington, D.C.: U.S. Government Printing Office, April 7-8.
5.
Federal Register (1978), "Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures," 43 (December 21), 59614-59622.
6.
Franchising Practices Reform Act (1976), Hearings before the Subcommittee on Consumer Protection and Finance of the Committee on Interstate and Foreign Commerce, House of Representatives, Ninety-fourth Congress, second session on H. R. 8349, H. R. 8982, Washington, D.C.: U.S. Government Printing Office, March 10-11.
7.
"How to Start a Sideline Business (1979), Business Week, August6, pp. 94-97.
8.
Hunt, Shelby D., and John R. Nevin (1975), "Tying Agreements in Franchising," Journal of Marketing, 39 (July), 20-26.
9.
and JohnR. Nevin (1976), "Full Disclosure Laws in Franchisng: An Empirical Investigation," Journal of Marketing, 40 (April), 53-62.
10.
The Impact of Franchising on Small Business (1970), Hearings before the Subcommittee on Urban and Rural Economic Development, Washington, D.C.: U.S. Government Printing Office.
11.
Jennings, Marianne (1979), "Franchising and the New Law," Arizona Business, 26 (March), 18-24.
12.
McGuire, E. Patrick (1971), Franchised Distribution, Report Number 523New York: The Conference Board .
13.
Ozanne, Urban B., and Shelby D. Hunt (1971), The Economic Effects of Franchising, Washington, D.C.: U.S. Government Printing Office.
14.
Penn, Stanley (1979), "Franchisees Form Militant Trade Groups to Meet Fears about Power of Licensers," Wall Street Journal, August8, p. 8.
15.
Stern, Louis W., and Adel I. El-Ansary (1977), Marketing Channels, Englewood Cliffs, New Jersey: Prentice-Hall.
16.
Thompson, Donald N. (1969), "Franchise Operations and Antitrust Law," Journal of Retailing, 44 (Winter), 39-53.
17.
U.S. Department of Commerce (1978), Franchising in the Economy, 1976-1978, Washington, D.C. : U.S. Government Printing Office.
18.
U.S. Department of Commerce (1979), Franchising in the Economy, 1977-1979, Washington, D.C. : U.S. Government Printing Office.