tag:blogger.com,1999:blog-10961850.post9145760646008310759..comments2023-04-13T03:57:25.135-06:00Comments on Kimberlie Ryan's Hot Button Forum: Peaberry Coffee Wins RulingKim Ryanhttp://www.blogger.com/profile/13602661330696706333noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-10961850.post-55371049954171056192010-04-07T12:04:57.621-06:002010-04-07T12:04:57.621-06:00Unfortunately, the known FLAW in the FTC Rule gove...Unfortunately, the known FLAW in the FTC Rule governing the sale of franchises to the public does encourage franchisers and their attorneys to sell unprofitable and economically unviable franchises to the public under cover of the FTC Rule and state FDD's. <br /><br />Lets hope that the Remand of the Case on Feb 18th by the 10th Circuit Court of Appeals will ultimately expose the flaw and the limitations of the FTC Rule as to protection of prospective franchisees.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10961850.post-74691563769705250432010-03-12T15:24:24.026-07:002010-03-12T15:24:24.026-07:00The opinion on the Appeal was posted on the websit...The opinion on the Appeal was posted on the website of the Colorado Court of Appeals, Court of Appeals No. 09CA0130, on February 18th, 2010. It is interesting reading -- even for lay people, and especially for the plaintiff franchisees. <br /><br />While the Judgement was affirmed in part, vacated in part, and the case was remanded with directions, perhaps a door has been opened to discuss what might constitute common law fraud over and above what is required to be disclosed under the provisions of the ineffective and inadequate FTC Rule and the FDD's that govern disclosure in the sale of franchises. <br /><br />Hopefully, there will be justice for the plaintiffs. It is not over until the fat lady sings and no matter what the District Court again decides, any party can appeal. Perhaps this will act to settle the matter because those in and around franchising who like the ineffective FTC Rule may not want to make new case law in the courts.Anonymousnoreply@blogger.com