John Tifford

speaker
727 appearances 2 recordings 1 series first heard May 2011 last heard Aug 2011

John Tifford’s voice in public audio — every appearance, attributed to the second.

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I'm going to give him the FDD, and I'm going to tell him, you know, here's a copy of the franchise rule.
This is all pretty simple.
Just do it.
And I think that they really don't appreciate the risk.
They don't appreciate the concept of joint and several responsibility and liability.
And, you know, they think it's just a simple deal.
I don't have to pay anybody unless they produce for me.
So why should I worry?
enforcement?
Unfortunately, the FTC has really had a very, very low enforcement profile over the last several years.
uh... and that's just the fact uh... and the states uh... aren't really much better i think that uh... in in in in some part i think the i think the industry is a very well run industry and i think that over the years the disclosures that uh... that laws that have come into place i think that uh... the franchise communities become much more vigilant picture doing it right that's number one number two
you do have private rights of action under the state statutes and in some circumstances even under the FTC rule in a number of states with baby FTC laws that somehow will piggyback the FTC rule into effect.
But I think one thing you need to keep in mind is you don't see a lot of these things because they never see the light of day.
Because if you have a smart franchisee counsel
smart franchisor counsel who recognizes a risk when they see it,
When the franchisee counsel marches in the door for a meeting and says, oh, by the way, would you like to see some of the claims that were made prior to sale?
They're not going to let that case go very far, and they're going
out for good reason.
So to some extent, if you have an educated franchisee legal bar and attorneys who are doing their job,
they're going to recognize a good case and they're going to be able to use it as leverage, and so the case never does see the light of day.
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