Franchising: A Critical Assessment of State and Federal Regulation
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Authors
Santoni, Roland J.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Franchising, an increasingly popular method of doing business, is extensively regulated both at the federal and state levels. There are two basic types of regulation of the franchising relationship: disclosure rules and substantive rules. Certain states have enacted laws which require a franchisor to register and to prepare and file a disclosure statement that must be given at a prescribed time to prospective franchisees. Other states have, instead, adopted substantive legislation dealing with specific franchising practices. Some states have both forms of regulation. The federal government, through the Federal Trade Commission (FTC), has adopted the disclosure form of regulation but it does not require filing or registration with the FTC. Furthermore, overlapping the specific regulation of franchising are the federal anti-trust laws and state and federal prohibitions of "unfair methods of competition" and "unfair or deceptive acts or practices" as they may apply to certain franchise practices...
Description
Citation
14 Creighton L. Rev. 67 (1980-1981)
Publisher
Creighton University School of Law