Top

ALL TUNE AND LUBE Rated a Worst Franchise by Forbes. Do You Agree?

May 29, 2014

The All Tune and Lube franchise was rated one of the worst franchise opportunities in America by Forbes magazine.

Do you agree that All Tune and Lube is one of the worst franchises of 2014? 

Why or why not?

Please share a comment below.

See all our FRANCHISE DISCUSSIONS by Company

(UnhappyFranchisee.Com)  The June 16, 2014 issue of Forbes magazine features their picks for America’s Best And Worst Franchises.

The All Tune and Lube franchise made the Forbes list of the worst franchise opportunities in the 0 – $150,000 investment range.

The Forbes ranking for All Tune and Lube included the following assessment:

No. 6 All Tune and Lube

Provides tire, engine, transmission and general auto maintenance at its locations.

Average Initial Investment: $139,550

Initial Training Hours: 160

Growth rate: –17%

Continuity: 25%

Franchisor Support: B

Here are the rest of Forbes worst franchises:

Forbes Worst Franchises with 0 – $150,000 Investments

(With #1 being the worst)

#1  SuperCoups

Concept: Franchisees send coupons to consumers, direct-mails ads for small businesses.

#2 Realty World

Concept: Franchisees sell residential properties and offers online tools and mortgage options to home buyers.

#3 Parable

Concept: Franchisees retail Christian-themed merchandise like books and music.

#4 UBuildIt

Concept: Franchisees help manage a remodeling job or new construction with its own team on-site.

#5 Aero Colours

Concept: Franchisees offer paint, bumper and bedliner repair for cars and trucks, with a traveling unit that makes house calls.

#6 All Tune and Lube

Concept: Franchisees provide tire, engine, transmission and general auto maintenance at its locations.

#7 Curves

Concept: Franchisees offer strength-training and weight-loss sessions for women, as well as meal plans and apparel.

#8 House Doctors

Concept: Franchisees deliver handyman services, from small-scale fixes to full-blown home remodeling.

#9 ERA Real Estate

Concept: Franchisees walk clients through buying and selling a home, finding an agent and a mortgage.

#10 Fastframe

Concept: Franchisees build custom frames and mats for photos, artwork, mirrors and flat-screen TVs.

See all Forbes Worst Franchises here:

America’s Best And Worst Franchises

ARE YOU FAMILIAR WITH THE ALL TUNE AND LUBE FRANCHISE OPPORTUNITY?  DO YOU THINK IT’S ONE OF THE WORST FRANCHISES… OR NOT? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: All Tune and Lube, All Tune and Lube franchise, All Tune and Lube franchise complaints, Worst franchise, Forbes Worst franchises, franchise, franchising, Unhappy Franchisee

AERO COLOURS Rated a Worst Franchise by Forbes. Do You Agree?

May 29, 2014

The Aero Colours franchise was rated one of the worst franchise opportunities in America by Forbes magazine.

Do you agree that Aero Colours is one of the worst franchises of 2014? 

Why or why not?

Please share a comment below.

See all our FRANCHISE DISCUSSIONS by Company

(UnhappyFranchisee.Com)  The June 16, 2014 issue of Forbes magazine features their picks for America’s Best And Worst Franchises.

The Aero Colours franchise made the Forbes list of the worst franchise opportunities in the 0 – $150,000 investment range.

The Forbes ranking for Aero Colours included the following assessment:

No. 5 Aero Colours

Offers paint, bumper and bedliner repair for cars adn trucks, with a traveling unit that makes house calls.

Average Initial Investment: $58,805

Initial Training Hours: 140

Growth rate: –19%

Continuity: 33%

Franchisor Support: C

Here are the rest of Forbes worst franchises:

Forbes Worst Franchises with 0 – $150,000 Investments

(With #1 being the worst)

#1  SuperCoups

Concept: Franchisees send coupons to consumers, direct-mails ads for small businesses.

#2 Realty World

Concept: Franchisees sell residential properties and offers online tools and mortgage options to home buyers.

#3 Parable

Concept: Franchisees retail Christian-themed merchandise like books and music.

#4 UBuildIt

Concept: Franchisees help manage a remodeling job or new construction with its own team on-site.

#5 Aero Colours

Concept: Franchisees offer paint, bumper and bedliner repair for cars and trucks, with a traveling unit that makes house calls.

#6 All Tune and Lube

Concept: Franchisees provide tire, engine, transmission and general auto maintenance at its locations.

#7 Curves

Concept: Franchisees offer strength-training and weight-loss sessions for women, as well as meal plans and apparel.

#8 House Doctors

Concept: Franchisees deliver handyman services, from small-scale fixes to full-blown home remodeling.

#9 ERA Real Estate

Concept: Franchisees walk clients through buying and selling a home, finding an agent and a mortgage.

#10 Fastframe

Concept: Franchisees build custom frames and mats for photos, artwork, mirrors and flat-screen TVs.

See all Forbes Worst Franchises here:

America’s Best And Worst Franchises

ARE YOU FAMILIAR WITH THE AERO COLOURS FRANCHISE OPPORTUNITY?  DO YOU THINK IT’S ONE OF THE WORST FRANCHISES… OR NOT? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Aero Colours, Aero Colours franchise, Aero Colours franchise complaints, Worst franchise, Forbes Worst franchises, franchise, franchising, Unhappy Franchisee

UBuildIT Rated a Worst Franchise by Forbes. Do You Agree?

May 29, 2014

The UBuildIt franchise was rated one of the worst franchise opportunities in America by Forbes magazine.

Do you agree that UBuildIt is one of the worst franchises of 2014? 

Why or why not?

Please share a comment below.

See all our FRANCHISE DISCUSSIONS by Company

See UbuildIt’s response here:  UBuildIt Responds to Forbes Worst Franchise List

(UnhappyFranchisee.Com)  The June 16, 2014 issue of Forbes magazine features their picks for America’s Best And Worst Franchises.

The UBuildIt franchise made the Forbes list of the worst franchise opportunities in the 0 – $150,000 investment range.

The Forbes ranking for UBuildIt included the following assessment:

No. 4 UBuildIt

Helps you manage a remodeling job or new construction with its own team on-site.

Average Initial Investment: $100,900

Initial Training Hours: 45

Growth rate: –25%

Continuity: 23%

Franchisor Support: C

Here are the rest of Forbes worst franchises:

Forbes Worst Franchises with 0 – $150,000 Investments

(With #1 being the worst)

#1  SuperCoups

Concept: Franchisees send coupons to consumers, direct-mails ads for small businesses.

#2 Realty World

Concept: Franchisees sell residential properties and offers online tools and mortgage options to home buyers.

#3 Parable

Concept: Franchisees retail Christian-themed merchandise like books and music.

#4 UBuildIt

Concept: Franchisees help manage a remodeling job or new construction with its own team on-site.

#5 Aero Colours

Concept: Franchisees offer paint, bumper and bedliner repair for cars and trucks, with a traveling unit that makes house calls.

#6 All Tune and Lube

Concept: Franchisees provide tire, engine, transmission and general auto maintenance at its locations.

#7 Curves

Concept: Franchisees offer strength-training and weight-loss sessions for women, as well as meal plans and apparel.

#8 House Doctors

Concept: Franchisees deliver handyman services, from small-scale fixes to full-blown home remodeling.

#9 ERA Real Estate

Concept: Franchisees walk clients through buying and selling a home, finding an agent and a mortgage.

#10 Fastframe

Concept: Franchisees build custom frames and mats for photos, artwork, mirrors and flat-screen TVs.

See all Forbes Worst Franchises here:

America’s Best And Worst Franchises

ARE YOU FAMILIAR WITH THE UBuildIt FRANCHISE OPPORTUNITY?  DO YOU THINK IT’S ONE OF THE WORST FRANCHISES… OR NOT? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: UBuildIt, UBuildIt franchise, UBuildIt franchise complaints, Worst franchise, Forbes Worst franchises, franchise, franchising, Unhappy Franchisee

PARABLE Rated a Worst Franchise by Forbes. Do You Agree?

May 29, 2014

The Parable franchise was rated one of the worst franchise opportunities in America by Forbes magazine.

Do you agree that Parable is one of the worst franchises of 2014? 

Why or why not?

Please share a comment below.

See all our FRANCHISE DISCUSSIONS by Company

(UnhappyFranchisee.Com)  The June 16, 2014 issue of Forbes magazine features their picks for America’s Best And Worst Franchises.

The Parable franchise made the Forbes list of the worst franchise opportunities in the 0 – $150,000 investment range.

The Forbes ranking for Parable included the following assessment:

No. 3 Parable

Operates online and in-store to sell Christian-themed merchandise like books and music.

Average Initial Investment: $127,500

Initial Training Hours: 9

Growth rate: –20%

Continuity: 36%

Franchisor Support: C

Here are the rest of Forbes worst franchises:

Forbes Worst Franchises with 0 – $150,000 Investments

(With #1 being the worst)

#1  SuperCoups

Concept: Franchisees send coupons to consumers, direct-mails ads for small businesses.

#2 Realty World

Concept: Franchisees sell residential properties and offers online tools and mortgage options to home buyers.

#3 Parable

Concept: Franchisees retail Christian-themed merchandise like books and music.

#4 UBuildIt

Concept: Franchisees help manage a remodeling job or new construction with its own team on-site.

#5 Aero Colours

Concept: Franchisees offer paint, bumper and bedliner repair for cars and trucks, with a traveling unit that makes house calls.

#6 All Tune and Lube

Concept: Franchisees provide tire, engine, transmission and general auto maintenance at its locations.

#7 Curves

Concept: Franchisees offer strength-training and weight-loss sessions for women, as well as meal plans and apparel.

#8 House Doctors

Concept: Franchisees deliver handyman services, from small-scale fixes to full-blown home remodeling.

#9 ERA Real Estate

Concept: Franchisees walk clients through buying and selling a home, finding an agent and a mortgage.

#10 Fastframe

Concept: Franchisees build custom frames and mats for photos, artwork, mirrors and flat-screen TVs.

See all Forbes Worst Franchises here:

America’s Best And Worst Franchises

ARE YOU FAMILIAR WITH THE PARABLE FRANCHISE OPPORTUNITY?  DO YOU THINK IT’S ONE OF THE WORST FRANCHISES… OR NOT? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Parable, Parable franchise, Parable franchise complaints, Worst franchise, Forbes Worst franchises, franchise, franchising, Unhappy Franchisee

REALTY WORLD Rated a Worst Franchise by Forbes. Do You Agree?

May 29, 2014

The Realty World franchise was rated one of the worst franchise opportunities in America by Forbes magazine.

Do you agree that Realty World is one of the worst franchises of 2014? 

Why or why not?

Please share a comment below.

See all our FRANCHISE DISCUSSIONS by Company

Also read:  AMERICA’S WORST FRANCHISES… According to Forbes

AMERICA’S BEST FRANCHISES According to Forbes

(UnhappyFranchisee.Com)  The June 16, 2014 issue of Forbes magazine features their picks for America’s Best And Worst Franchises.

The Realty World franchise made the Forbes list of the worst franchise opportunities in the 0 – $150,000 investment range.

The Forbes ranking for Realty World included the following assessment:

No. 2 Realty World

Sells residential properties and offers online tools and mortgage options to home buyers.

Average Initial Investment: $48,850

Initial Training Hours: 25

Growth rate: –21%

Continuity: 30%

Franchisor Support: D

Here are the rest of Forbes worst franchises:

Forbes Worst Franchises with 0 – $150,000 Investments

(With #1 being the worst)

#1  SuperCoups

Concept: Franchisees send coupons to consumers, direct-mails ads for small businesses.

#2 Realty World

Concept: Franchisees sell residential properties and offers online tools and mortgage options to home buyers.

#3 Parable

Concept: Franchisees retail Christian-themed merchandise like books and music.

#4 UBuildIt

Concept: Franchisees help manage a remodeling job or new construction with its own team on-site.

#5 Aero Colours

Concept: Franchisees offer paint, bumper and bedliner repair for cars and trucks, with a traveling unit that makes house calls.

#6 All Tune and Lube

Concept: Franchisees provide tire, engine, transmission and general auto maintenance at its locations.

#7 Curves

Concept: Franchisees offer strength-training and weight-loss sessions for women, as well as meal plans and apparel.

#8 House Doctors

Concept: Franchisees deliver handyman services, from small-scale fixes to full-blown home remodeling.

#9 ERA Real Estate

Concept: Franchisees walk clients through buying and selling a home, finding an agent and a mortgage.

#10 Fastframe

Concept: Franchisees build custom frames and mats for photos, artwork, mirrors and flat-screen TVs.

See all Forbes Worst Franchises here:

America’s Best And Worst Franchises

ARE YOU FAMILIAR WITH THE REALTY WORLD FRANCHISE OPPORTUNITY?  DO YOU THINK IT’S ONE OF THE WORST FRANCHISES… OR NOT? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Realty World, Realty World franchise, Realty World franchise complaints, Worst franchise, Forbes Worst franchises, franchise, franchising, Unhappy Franchisee

SUPERCOUPS Rated Worst Franchise Opportunity by Forbes. Do You Agree?

May 29, 2014

The SuperCoups franchise was rated one of the worst franchise opportunities in America by Forbes magazine.

Do you agree that SuperCoups is one of the worst franchises of 2014? 

Why or why not?

Please share a comment below.

See all our FRANCHISE DISCUSSIONS by Company

Also read:  AMERICA’S WORST FRANCHISES… According to Forbes

AMERICA’S BEST FRANCHISES According to Forbes

(UnhappyFranchisee.Com)  The June 16, 2014 issue of Forbes magazine features their picks for America’s Best And Worst Franchises.

The Super Coups franchise tops the Forbes list of the worst franchise opportunities in the 0 – $150,000 investment range.

The Forbes ranking for SuperCoups included the following assessment:

No. 1 SuperCoups

Sends coupons to consumers, direct-mails ads for small businesses.

Average Initial Investment: $33,625

Initial Training Hours: 67.25

Growth rate: –22%

Continuity: 20%

Franchisor Support: C

Here are the rest of Forbes worst franchises:

Forbes Worst Franchises with 0 – $150,000 Investments

(With #1 being the worst)

#1  SuperCoups

Concept: Franchisees send coupons to consumers, direct-mails ads for small businesses.

#2 Realty World

Concept: Franchisees sell residential properties and offers online tools and mortgage options to home buyers.

#3 Parable

Concept: Franchisees retail Christian-themed merchandise like books and music.

#4 UBuildIt

Concept: Franchisees help manage a remodeling job or new construction with its own team on-site.

#5 Aero Colours

Concept: Franchisees offer paint, bumper and bedliner repair for cars and trucks, with a traveling unit that makes house calls.

#6 All Tune and Lube

Concept: Franchisees provide tire, engine, transmission and general auto maintenance at its locations.

#7 Curves

Concept: Franchisees offer strength-training and weight-loss sessions for women, as well as meal plans and apparel.

#8 House Doctors

Concept: Franchisees deliver handyman services, from small-scale fixes to full-blown home remodeling.

#9 ERA Real Estate

Concept: Franchisees walk clients through buying and selling a home, finding an agent and a mortgage.

#10 Fastframe

Concept: Franchisees build custom frames and mats for photos, artwork, mirrors and flat-screen TVs.

See all Forbes Worst Franchises here:

 

ARE YOU FAMILIAR WITH THE SUPERCOUPS FRANCHISE OPPORTUNITY?  DO YOU THINK IT’S ONE OF THE WORST FRANCHISES… OR NOT? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: SuperCoups, SuperCoups franchise, SuperCoups franchise complaints, Worst franchise, Forbes Worst franchises, franchise, franchising, Unhappy Franchisee

Mark Golob v Sean Kelly (UnhappyFranchisee.Com) Lawsuit Documents

May 27, 2014

Mark Golob, founder of the failed Butterfly Life fitness chain, sued blogger and web publisher Sean Kelly for $35,000,000 for unflattering statements he made about Golob’s “history of litigation” and “checkered past” on Kelly’s UnhappyFranchisee.Com website.

Sean Kelly, represented by San Francisco attorney Peter Lagarias, filed for a Motion to Strike under the California anti-SLAPP law.

Judge Richard J. Henderson ruled “the court has found that defendant Sean Kelly made a prima facie showing by admissible evidence that the challenged statements set forth in defendant Sean Kelly’s unhappyfranchisee.com website were made in a ‘public forum in connection with an issue of public interest’”

“Defendant Kelly has prevailed on his motion and is entitled to the recovery of his attorney fees incurred in this motion…”

Read Sean Kelly’s account here:  $35,000,000 Lawsuit Backfires on Health Club Franchisor

The case files are listed below.

Initial Summons:  Golob v. Kelly

February 5, 2014

Golob v. Kelly (UnhappyFranchisee.Com)

February 24, 2014

Letter from Nikolaus Reed to Sean Kelly

 

Kelly/Lagarias Motion to Strike

March 14, 2014

Declaration of Sean Kelly

Notice of Motion to Strike

Memorandum of Points and Authorities

Request for Judicial Notice

Exhibit A Part 1

Exhibit A Part 2, B, C1, C2, D, E, F, G, H, I J1

Exhibit J-2, K, L, M

 

Golob/Reed Opposition to Motion to Strike

March 28, 2014

Declaration of Mark Golob

Mark Golob’s Objection to SK Declaration

Mark Golob’s Points and Authorities

 

Kelly/Lagarias Reply to Golob’s Opposition

April 2, 2014

Reply Declaration of Sean Kelly

Kelly Reply to Evidentiary Objections

Reply MPA Points and Authorities

Objection to Mark Golob’s Declaration Evidence

 

Judge Henderson’s Decision

May 21, 2014

Judge Henderson’s Decision in Golob v. Kelly

WHAT DO YOU THINK? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Mark Golob, Nikolaus Reed, SLAPP lawsuit, Anti-SLAPP lawsuit, Unhappy Franchisee, Sean Kelly, Peter Lagarias, 1st Amendment lawsuit, Defamation lawsuit, Butterfly Life, Frivolous lawsuit, franchise bullying

$35,000,000 Lawsuit Backfires on Health Club Franchisor

May 27, 2014

Attempt to Silence Franchise Discussion on UnhappyFranchisee.Com Proves Costly For Failed Franchisor

by Sean Kelly, Publisher, UnhappyFranchisee.Com

Also read:  MARK GOLOB LAWSUIT: Overview, Updates, and Discussion

Mark Golob thought that he could misuse the judicial system to chill free speech and purge the Internet of unflattering comments made about him by his former franchisees.

Mark Golob sued me for $35,000,000 in an effort to bully me into removing interviews and comments about him from UnhappyFranchisee.Com.

However, Mark Golob’s plan backfired in a big way.

A Superior Court judge struck down his lawsuit and ordered him to pay my attorney fees and costs.

Instead of purging the Internet of criticism, Mark Golob has thrust himself and the story of his failed Butterfly Life franchise chain back in the media spotlight once again.

Mark Golob’s Attempt to Purge Criticism from the Internet

In the wake of the success of the Curves for Women, Mark Golob founded Butterfly Life women’s fitness chain in 2003 and sold dozens of franchises at an investment of $87,000 to $250,000.

Mark GolobBy 2008, the chain was in decline, suffering widespread franchise closures and impending lawsuits from angry franchise owners.

In both formal interviews and informal comments posted on my UnhappyFranchisee.Com blog, failed and failing Butterfly Life franchisees shared their experiences and described the financial and personal toll their franchise investments were taking.

Many franchisees blamed CEO Mark Golob, alleging that he misrepresented the franchise opportunity and failed to provide promised marketing and advertising support.

In 2011, Mr. Golob’s then-attorney Scott Hammel sent me a threatening letter objecting to some comments and demanding that I remove all references to his client from UnhappyFranchisee.Com.  I refused, and provided him with an excerpt of Section 230 United States Code (47 USC § 230) that states that web publishers are not liable for the content of 3rd party comments.

In February, 2014, Mark Golob, with his new attorney Nikolaus Reed, tried a new approach: they filed a $35,000,000 defamation lawsuit against me, claiming that my own statements that Mr. Golob has a “checkered past” and a “history of litigation in the health club industry” tended to expose him to “hatred, contempt, ridicule or shame and to discourage others from associating or dealing with him.”

The lawsuit stated that “When Plaintiff Mr. Golob read the statements in January, 2014 in his home in Mendocino County, CA… he experienced mental suffering, grief, anxiety, humiliation and emotional distress.”

The damages claimed by Mr. Golob included $10M each for “Pain, suffering, and inconvenience,” “Emotional distress,” and “Grief, anxiety, loss of enjoyment of life,” and $1M each for “Medical expenses,” “Future medical expenses,” “Loss of earnings,” “Loss of future earnings,” “Loss of future earning capacity,” and “Property damage.”

Read the initial summons here:  Golob v. Kelly.

The True Intent of the $35M Lawsuit

After being served, I consulted with a number of prominent 1st Amendment attorneys and organizations.

After much research, I hired Peter Lagarias, a highly respected California-based franchise attorney and former lead prosecutor for the Federal Trade Commission (FTC).

Everyone I spoke to agreed with my assessment that my statements were not even remotely defamatory.

That Mr. Golob has a “history of litigation” is a provable fact, and stating the truth is not defamation.

That Mr. Golob has a “checkered past” is clearly my opinion, and stating an opinion does not constitute defamation.

So why would Mark Golob and Nikolaus Reed launch such a high-dollar lawsuit based on comments that seemed mild, at best?

In a March 10, 2014 conference call between myself, Lagarias, Golob, and Reed, the true intention of the lawsuit became clear.

Golob was not concerned about the specific statements cited in the lawsuit.

His objection to “history of litigation” and “checkered past” was just a pretense to hit me with a scary and costly lawsuit he believed would force me to remove all content that referenced him – including 3rd party comments and franchisee interviews.

Mr. Golob stated he would do “whatever it takes” to force me to remove content “anywhere [his] name appears” on the site.

Nikolaus ReedLagarias & Kelly SLAPP Back

California’s anti-SLAPP law Section 425.16 states:

…there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech… The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.

The law states that lawsuits filed against Defendants who are exercising their Consitutional right of free speech in connection with a public issue are subject to a special motion to strike “unless the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.”

March 14, 2014 Peter Lagarias filed a Special Motion to Strike the Golob v. Kelly lawsuit.

March 28, 2014 We received Golob & Reed’s Opposition to our Special Motion to Strike.

April 2, 2014 We filed a Reply to their Opposition.

April 11, 2014 Peter Lagarias argued for the Special Motion to Strike before Judge Richard J. Henderson in the California Superior Court in Mendocino County. Nikolaus Reed argued his case by phone.

May 21, 2014 Judge Henderson rendered his verdict in a 9-page decision, stating that “Defendant Kelly has prevailed on his motion and is entitled to the recovery of his attorney fees incurred in this motion.”

I’ve posted all the documents from our court battle here:  Mark Golob v Sean Kelly (UnhappyFranchisee.Com) Lawsuit Documents

Judge Rules UnhappyFranchisee.Com Statements are Protected Speech on an Issue of Public Interest

In his decision, Judge Henderson ruled that we proved that “the challenged written remarks were made in a public forum in connection with an issue of public interest.”

As to the validity and legitimacy of the UnhappyFranchisee.Com site as a public forum, Judge Henderson stated:

The court finds that the principal thrust or gravamen of Kelly’s website was to provide a forum for those interested in acquiring more information about specific franchises, primarily for the purpose of investment and operation. The site performed generally as a “consumer watchdog” where interested individuals could exchange ideas and experiences about particular franchises… Kelly’s challenged comments that Golob had a “checkered” past and “history of litigation in the health club industry” are sufficiently related to “consumer watchdog” purpose of the website.

Regarding my statement that Mark Golob has a “history of litigation,” Judge Henderson stated:

.. the allegation that Golob had a “history of litigation in the health club industry” is accurate. Truth of the statements made is a complete defense against liability for defamation…

Regarding my statement that Mark Golob has a “checkered past,” Judge Henderson stated:

The characterizationon Golob’s past as “checkered” is clearly an opinion; statements of opinion are constitutionally protected…

Judge Henderson concluded:

As discussed above, the court has found that defendant Sean Kelly made a prima facie showing by admissible evidence that the challenged statements set forth in defendant Sean Kelly’s unhappyfranchisee.com website were made in a “public forum in connection with an issue of public interest” (CCP 425.10 (e)) and that plaintiff Golob failed to establish a “probability” of prevailing on his claim by making a prima facie showing by admissible evidence that would, if proved, support a judgment in his favor. ( Kashian v Harriman (2002) 98 CA4th 982, 906) The motion of defendant Sean Kelly to strike the complaint of plaintiff Mark Golob pursuant to CCP 425.16 is granted.

Defendant Kelly has prevailed on his motion and is entitled to the recovery of his attorney fees incurred in this motion. ( CCP 425.J 6(c),• Ketchum v Moses (2001) 24 C4th 1122, 1131.) Counsel for defendant Kelly is directed to serve and submit a formal order consistent with this ruling no later than June 16, 2014.

Read the complete ruling here:  Judge Henderson’s Decision Golob v. Kelly

A Word of Thanks

Special thanks go out to attorney Peter Lagarias for his fierce and relentless advocacy not only for UnhappyFranchisee.Com, but for the rights of franchisees and former franchisees.

I’d also like to thank Duffy Carolan of Duffy, Vick, Carolan, Ken White publisher of Popehat.com and attorney at Brown, White & Newhouse, attorney Paul Steinberg, and Don Sniegowski of BlueMauMau.org and many others who lended support and guidance.

I can’t tell you how much your support is appreciated. – Sean Kelly

WHAT DO YOU THINK? SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Mark Golob, Nikolaus Reed, SLAPP lawsuit, Anti-SLAPP lawsuit, Unhappy Franchisee, Sean Kelly, Peter Lagarias, 1st Amendment lawsuit, Defamation lawsuit, Butterfly Life, Frivolous lawsuit, franchise bullying

CURVES Prepares for Negative Forbes Story

May 25, 2014

by Sean Kelly ,UnhappyFranchisee.Com

Curves International is bracing itself for a negative franchise story expected to appear on Forbes.Com as early as Tuesday, and to appear in the print edition of Forbes magazine the first week of June, 2014.

Curves and its private equity investor North Castle Partners appear to be battening down the hatches and donning their damage control garb in anticipation of the worst.

They sent an email to their franchisees and managers (see full text below) warning them to direct media inquiries to their PR team.

Curves PR team will likely react to media inquiries with the same level of transparency and candor as is reflected in their prepared statement for members:

“At Curves, we are proud of our standing as the world’s largest chain of fitness centers for women.  We are committed to providing high-quality, personalized programs and solutions for our members while supporting our franchisees and positioning them for success.”

UnhappyFranchisee.Com: Hosting Curves Franchise Complaints Since 2006

UnhappyFranchisee.Com (and our predecessor FranchisePick.Com) has been  home to insider Curves franchise discussions and news since 2006.

You can see an index of our posts here:  Curves Posts on Unhappy Franchisee

One post has more than 1300 comments: CURVES: Robert Lay’s Story

UnhappyFranchisee.Com has provided Curves franchisees with a forum to exchange information, ideas and mutual support throughout the painful decline and failures of thousands of franchise locations.

We have published more than 50 posts on Curves, and generated thousands of complaints from failed and failing Curves franchisees.

In 2005, Curves peaked with 7800 U.S. franchise locations.  By the end of 2012 that number had declined more than 60% to just 2854 U.S. franchise locations.

See:  CURVES: The Rise & Painful Fall of the Curves Franchise Chain

Curves Franchise Owners Allege Corporate Indifference to Franchisee Suffering

Since 2006, franchisees have complained that Curves International turned a blind eye to their struggles and inability to compete in the marketplace with an outdated, uncompetitive fitness model.

Franchisees complained that once their franchises failed, founder Gary Heavin’s “Christian” company subjected them to coldhearted, brutal collection tactics to extract “failure fees” even after they had lost everything.

More recently, the franchisee survivors complain that new owner North Castle Partners has imposed unreasonable new conditions and required them to make burdensome and costly changes.

Additionally, franchisees have complained that North Castle Partners (which recently acquired Jenny Craig weight loss chain) is forcing Curves owners to go into the weight loss industry – without their input or approval.

Damage Control Email from Curves International to Curves Franchisees & Managers

Last week, Curves franchisees report that they received this email from Curves International:

Dear Franchisees,

Within the next week, we expect Forbes (a business publication) will publish an article about Curves International, Inc. and we want to share the details with you upfront.

A reporter from Forbes contacted us for input as he was crafting a story on Curves.  His article was driven by contacting some franchisees – former and current – who regularly complain in an online forum.  While this is not a story we actively pursued ourselves, we provided our point of view and also put the reporter in touch with several franchisees who shared their positive experiences with Curves.  This reporter also interviewed the appropriate executive from North Castle Partners, as well as Monty Sharma.

We anticipate the article will be posted online next week Tuesday or Wednesday and will appear in the print edition of the magazine the first week of June.  Based on our ongoing conversations with the reporter, we believe the article will have a negative slant.

Should you receive inquiries on the subject from the news media please direct the news media to PR@Curves.com and do not respond yourself as this messaging should be handled at the corporate level.  For Curves members, please use the following prepared statement:

“At Curves, we are proud of our standing as the world’s largest chain of fitness centers for women.  We are committed to providing high-quality, personalized programs and solutions for our members while supporting our franchisees and positioning them for success.”

We want to point out the positive media coverage our PR team has secured thus far in 2014 that drives home the message to our target consumer that Curves works and is highly relevant in a competitive landscape.  Media coverage includes weight loss success stories on the TODAY Show and in magazines like Prevention, Family Circle and Woman’s Day.  For Curves Workouts with Jillian Michaels, we have been prominently featured in outlets such as the TODAY Show, Rachael Ray, Wendy Williams, PEOPLE magazine, Extra, Access Hollywood online, the Daily Buzz, The Insider – and many more.

We want you to know that we continue to be committed to the success of the Curves brand and to the success of your business.  We are continually looking for ways to make improvements and value your input.  Please feel free to contact us directly to share your comments or questions at membercomments@curves.com.

Best regards,

Curves International

I was interviewed for the Forbes story by Forbes writer Karsten Strauss, as was attorneyJonathan Fortman who is representing multiple Curves franchisees in litigation against the franchisor.

We also expect an online story highlighting the franchise buying advice gleaned from the experiences of UnhappyFranchisee.Com contributors.

Check back for our updates as the Curves story breaks.

ARE YOU FAMILIAR WITH CURVES & THE CURVES FRANCHISE?  SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Curves, Curves International, Curves franchise, Curves lawsuit, Curves class action lawsuit, Curves failures, Curves complaints, North Castle Partners, Monty Sharma, Jenny Craig, Fitness franchise, Jon Fortman, Sean Kelly, Unhappy Franchisee

CURVES: Curves Posts on Unhappy Franchisee [UPDATED]

May 25, 2014

Curves posts on UnhappyFranchisee.Com provides and index of links to our stories and discussions of the Curves franchise program from the franchisee’s point-of-view.

Unhappy Franchisee has been following Curves International and the issues facing Curves franchise owners since 2008. Prior to that we published Curves news and hosted discussions on FranchisePick.com (now archived at EveryJoe.com).

 

Curves Franchise:  Latest Posts

CURVES Prepares for Negative Forbes Story  May 25, 2014

CURVES: The Rise & Painful Fall of the Curves Franchise Chain[UPDATED]

 

Curves Franchise:  Most Commented Posts

CURVES: Robert Lay’s Story   March 10, 2009 (1300+ Comments)

CURVES: Negotiating the $10,000 Closing Fee October 12, 2009 (149 Comments)

CURVES FOR WOMEN: Business Broker Slams Curves Franchise and Franchisor November 15, 2008 (129 Comments)

CURVES DISCUSSION: Benefits of a Franchisee Lawsuit? August 18, 2008 (78 Comments)

 

Curves Franchise:  2013 Posts

CURVES Monty Sharma’s WTF? Email to Curves Franchisees about Jenny Craig Acquisition

CURVES: North Castle Partners Press Release on Jenny Craig Acquisition

CURVES Owner North Castle Partners Acquires Jenny Craig  

 

Curves Franchise: 2012 Curves Posts

CurvesCURVES: The Rise & Painful Fall of the Curves Franchise Chain  June 19, 2012

CURVES Sold? Gary Heavin Out?   July 27, 2012

CURVES: Say Goodbye to Gary Heavin! August 8, 2012

CURVES Franchise: Curves Still Bullying Failed Franchise Owners September 18, 2012

CURVES AUSTRALIA Franchise Complaints February 22, 2012

Did CURVES President Mike Raymond Get Pruned? February 16, 2012

CURVES: Why Did the Curves Franchisee Association Fail? (Part 1) February 2, 2012  

 

Curves Franchise: 2011 Posts

Gary Heavin on ABC Secret Millionaire: What do CURVES Franchisees Think?   March 1, 2011

 

Curves Franchise: 2010 Posts

Gary Heavin on ABC Secret Millionaire: What do CURVES Franchisees Think?  March 1, 2011

Has CURVES Become the “Trailer Park of Gyms”? November 30, 2010

CURVES Franchise Lawsuit Settlements  September 30, 2010

CURVES International 2010 Franchise Disclosure Document (FDD)  September 29, 2010

CURVES Franchise Owners React to Comments That They’re Being “Pruned”  July 10, 2010 (33 Comments)

CURVES: 1000 Franchise Clubs Failed Last Year  July 8, 2010

Failure Rates of the 10 Most Popular Franchises April 26, 2010

CURVES: 5 West Virginia Curves Close Abruptly February 22, 2010 (3 Comments)

CURVES: Should Failed Franchises be Resold? March 31, 2010 (33 Comments)

CURVES: Can Indie Clubs Thrive Where Curves Failed?   January 19, 2010 (64 Comments)

CURVES Franchisee Regrets Not Sticking It to Others   January 7, 2010 (39 Comments)

 

Curves Franchise: 2009 Curves Posts

CURVES: Complaints of Unauthorized Membership Charges November 18, 2009 (7 Comments)

CURVES: “Another Curves nightmare. Please advise!” November 10, 2009 (7 Comments)

CURVES: Franchise Resale Complaints, Comments October 31, 2009 (1 Comments)

CURVES: Franchise Resale Buyer Alleges Fraud October 31, 2009 (1 Comments)

CURVES: In Oregon, Curves Franchises Die Alone October 18, 2009 (1 Comments)

CURVES FOR WOMEN: Advice on Buying a Franchise Resale February 24, 2009 (15 Comments)

 

Curves Franchise: 2008 Curves Posts

Curves Franchisee Blames Economy for Closing  December 21, 2008 (1 Comments)

CURVES FOR WOMEN: Nearly Half The Palm Beach Clubs Have Closed  November 15, 2008 (17 Comments)

CURVES FOR WOMEN: Franchisee a Victim of Fraud? September 14, 2008 (22 Comments)

CURVES FOR WOMEN: Is McCord Brokers Required for Resales? August 13, 2008 (3 Comments)

CURVES FOR WOMEN: An Unhappy Franchisee Tale  August 13, 2008 (6 Comments)

CURVES FOR WOMEN: UFOC dated March, 2008 June 23, 2008 (0 Comments)

Another Curves Shuts Down Abruptly June 14, 2008 (1 Comments)

Cape Girardeau Curves Franchise Closes  June 10, 2008 (0 Comments)

 

ARE YOU FAMILIAR WITH CURVES & THE CURVES FRANCHISE?  SHARE A COMMENT BELOW.

Contact UnhappyFranchisee.com

TAGS: Curves, Curves International, Curves franchise, Curves lawsuit, Curves class action lawsuit, Curves failures, Curves complaints, North Castle Partners, Monty Sharma, Gary Heavin, Diane Heavin, Fitness franchise, Sean Kelly, Unhappy Franchisee

« Previous PageNext Page »

Bottom