FTC Reviews The Franchise Rule

After more than a decade since the last attempt to update the 1970's Franchise Rule The Federal Trade Commission is at it again. May I ask why we are looking at reviewing these rules for franchising, where no problems exist? Why we are looking to tighten up ambiguities, which over time have occurred in this sector, when we should be dismantling the over regulations choking the industry? Why we are trying make rules upon rules, where no rules are needed since no problem really exits? Why can't we use the red magic marker approach and start drawing lines thru massive amount meaningless dribble required in these disclosure documents?

Let me explain this philosophical thought for a moment. Recently Mr. Allen Greenspan before the Senate was asked about rules in the securities industries, stock exchanges, broker dealers to curb potential future fraud. He then correctly indicated that once you make a rule, the temptation to make additional rules to close gaps is just too great. Now then are we not sure we are headed down a slippery slope with regards to the litigious nature of the franchising industry, in that the trend in the industry currently is for franchisors to exit the market place.

One Industry Insider, franchising consultant in Houston is recommending this to his major clientele ?Stop Franchising. Adding more laws and disclosures will only cause fewer competitors in the market, fewer choices, higher prices all in the name of protecting the now damaged consumer? This means we may deny many their American Dream of owning their own business and those citizens who have their hearts set on it will be severely limited in the number of choices and ways to go into business. Who does this really help; a few more jobs at the Federal Trade Commission? Room for a few more franchising lawyers to bill at a little higher rate? If we reduce the rules, some franchise attorneys will have to move to California to sue for workmen's compensation, to the northern Midwest to sue for mold or to Cape Cod and specialize in the new emergence of the ever-changing same sex family law there? The attorneys have made millions of dollars in the franchising realm since the 1970's and in the last decade they have doubled their fees between 1995 and 2005, enough is enough? 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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Sen. Carl Levin, D-Mich., holds up a print-out of a New York Times article as he testifies on Capitol Hill in Washington, Wednesday, Nov. 19, 2008, before a Financial Services Committee hearing on the automotive industry bailout.  (AP Photo/Evan Vucci)AP - A Democratic Congress, unwilling or unable to approve a $25 billion bailout for Detroit's Big Three, appears ready to punt the automakers' fate to a lame-duck Republican president.



Federal Reserve Chairman Ben Bernanke testifies on Capitol Hill in Washington, Tuesday, Nov. 18, 2008 in Washington, before the House Financial Services Committee.  (AP Photo/Evan Vucci)AP - Pounded by a fierce financial crisis, the country is sinking deeper into economic despair and is likely to be in the hole well into next year, forcing more Americans into the ranks of the unemployed.



Rev. Amos Brown,  a national board member of the NAACP, raises his hands as he speaks to a large crowd of supporters of same-sex marriage, as they cheer in front of San Francisco City Hall on Saturday, Nov. 15, 2008.  Thousands of demonstrators gathered to listen to speakers and protest the passage of Proposition 8, a ballot measure amending California's constitution to ban same-sex marriage. The event is part of a simultaneous protest planned in in hundreds of communities.  (AP Photo/Darryl Bush)AP - California's highest court agreed Wednesday to hear several legal challenges to the state's new ban on same-sex marriage but refused to allow gay couples to resume marrying before it rules.



In this Aug. 27, 2008 file photo, former Senate Majority Leader Tom Daschle speaks during the Democratic National Convention in Denver. Daschle has accepted President-elect Barack Obama's offer to be Secretary of Health and Human Services, Democratic officials said Wednesday, Nov. 19, 2008. (AP Photo/Charles Dharapak)AP - Barack Obama is enlisting former Senate leader Tom Daschle as his health secretary, embracing a third Washington insider in the early stages of Cabinet-building by the president-elect who promised change. Hillary Rodham Clinton, the capital's most famous woman for two decades, seemed ever more likely to be his secretary of state.



A gopher frog sits in the hand of Audubon Zoo curator Nick hanna  in New Orleans, Wednesday, Oct. 1, 2008.  For the first time in 10 years, a pond in south Mississippi got enough rain this year to let gopher frogs, one of the nation's most endangered animals, turn from tadpole to frog without human help.  (AP Photo/Bill Haber)AP - Animals and plants in danger of becoming extinct could lose the protection of government experts who make sure that dams, highways and other projects don't pose a threat, under regulations the Bush administration is set to put in place before President-elect Obama can reverse them.



U.S. Attorney General Alberto Gonzales, left, and Vice President Dick Cheney are shown in this 2006 file photo at the White House. Cheney and Gonzales have been indicted on state charges involving federal prisons in a South Texas county that has been a source of bizarre legal and political battles under the outgoing prosecutor. (AP Photo/Pablo Martinez Monsivais, file)AP - A Texas judge has set a Friday arraignment for Vice President Dick Cheney, former U.S. Attorney General Alberto Gonzales and others named in indictments accusing them of responsibility for prisoner abuse in a federal detention center.



In this image provided by NASA shows an extravehicular activity (EVA) tool bag drifting away from the International Space Station during the mission's first scheduled spacewalk Tuesday Nov. 18, 2008. The astronaut who lost her tool bag on a spacewalk, Heidemarie Stefanyshyn-Piper, admitted Wednesday that she made a mistake by not checking to see if the sack was tied down, and said she's still smarting over the whole thing. (AP Photo/NASA)AP - The astronaut who lost her tool bag on a spacewalk admitted Wednesday that she made a mistake by not checking to see if the sack was tied down, and said she's still smarting over the whole thing.



Israeli archaeologist Prof. Ehud Netzer walks in the mausoleum at the fortress of Herodium, in the West Bank, Wednesday, Nov. 19, 2008, the place where Israeli archaeologists are excavating what they believe is the tomb of biblical King Herod.  Israeli archaeologist Prof. Ehud Netzer announced at a press conference on Wednesday,  that analysis of newly revealed items found at the site of what they believe is King Herod's mausoleum at Herodium, have provided researchers with further proof of the site being the actual grave site of the Jewish King. (AP photos/Bernat Armangue)AP - King Herod may have been buried in a crypt with lavish Roman-style wall paintings of a kind previously unseen in the Middle East, Israeli archaeologists said Wednesday. The scientists found such paintings and signs of a regal two-story mausoleum, bolstering their conviction that the ancient Jewish monarch was buried there.



This Sunday, June 1, 2008 file photo shows Benji Madden, of Good Charlotte, and Paris Hilton at the MTV Movie Awards in Los Angeles. Paris Hilton and her boyfriend of nine months, Benji Madden, have broken up. (AP Photo/Matt Sayles, file)AP - Paris Hilton and her boyfriend of nine months, Benji Madden, have broken up.



Dallas Mavericks' Jason Terry (31) drives around Houston Rockets' Luis Scola (4), of Argentina, during the fourth quarter of a NBA basketball game Wednesday, Nov. 19, 2008 in Houston. The Mavericks beat the Rockets 96-86. (AP Photo/David J. Phillip)AP - The Dallas Mavericks didn't need Josh Howard as much as the Houston Rockets missed Yao Ming on Wednesday night.



A trader listens to a colleague on the floor of the Philippine Stock Exchange in Makati City, Manila November 6, 2008. (Darren Whiteside/Reuters)Reuters - A 6 percent fall in Asia pushed world stocks to their lowest in 5- years on Thursday, while oil fell below $53 and safe havens such as the yen gained on fears the global recession and a financial crisis will get uglier.



United Auto Workers (UAW) President Ron Gettelfinger (L) and General Motors CEO Richard Wagoner talk before the start of a hearing about the automotive industry held by the House Financial Services Committee on Capitol Hill in Washington November 19, 2008. (Kevin Lamarque/Reuters)Reuters - Chances dimmed that a last-minute plan being crafted by Republican senators, with White House support, to provide $25 billion to bail out U.S. automakers would receive enough backing from Democrats to pass before the end of this week.



Pedestrians are reflected in the window of a Citibank branch in Hong Kong's financial Central District November 18, 2008. (Bobby Yip/Reuters)Reuters - The U.S. financial system still needs at least $1 trillion to $1.2 trillion of tangible common equity to restore confidence and improve liquidity in the credit markets, Friedman Billings Ramsey analyst Paul Miller said.



The Federal Reserve Board of Governors are seen during a Federal Open Market Committee meeting in Washington, March 28, 2006. (U.S. Federal Reserve/Handout/Reuters)Reuters - Federal Reserve officials slashed economic growth forecasts through 2009 and some believed even deeper interest rate cuts may be needed if growth slows further, minutes of their October policy meeting show.



Arizona Gov. Janet Napolitano speaks during closing ceremonies of the 26th Border Governors Conference at Universal Studios in Los Angeles August 15, 2008. (Fred Prouser/Reuters)Reuters - U.S. President-elect Barack Obama's top choice to lead the U.S. Department of Homeland Security is Arizona Gov. Janet Napolitano, CNN reported on Wednesday, citing multiple sources.



Newlyweds Sharon Papo (R) and Amber Weiss (2nd R) pick up their marriage certificate after exchanging wedding vows at City Hall on the first full day of legal same-sex marriages in San Francisco, California June 17, 2008. (Erin Siegal/Reuters)Reuters - California's Supreme Court on Wednesday agreed to hear a legal challenge against the state's voter-approved ban on gay marriage and let the ban stand in the meantime.



Reuters - A Missouri woman established a fake identity online to torment a vulnerable teenage girl who later committed suicide, federal prosecutors said on Wednesday in a trial that is being closely watched by the burgeoning social networking industry.

Musician Felice Pomeranz plays her harp at her studio in Sudbury, Massachusetts, November 17, 2008. (Brian Snyder/Reuters)Reuters - Wall Street's pain is rippling through U.S. small businesses, as bankers who once pulled in million-dollar bonuses lose their jobs and cut back spending on everything from parties to home improvements.



US auto giant executives wait to testify before the House Finincial Services Committee on Capitol Hill in Washington, DC. The heads of the Big Three US car makers -- General Motors (GM), Ford and Chrysler -- have returned to Congress to beg for an emergency bailout.(AFP/Tim Sloan)AFP - Asian stocks tumbled Thursday as global economic gloom deepened following a plunge in Japanese exports and a warning from the Federal Reserve that the United States could be in recession next year.



A picture taken in 2007 shows the Delight cargo ship anchored in the port of Hamburg, Germany. Somali pirate attacks have spun AFP - Russia announced Thursday it would send more warships to combat piracy in the waters around Somalia, as the Saudi owners of the Sirius Star negotiated with the pirates holding their oil tanker.




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