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JAN-PRO UnhappyFranchisee.com Responds to Jan-Pro Threat

Commercial cleaning franchise company Jan-Pro Franchising International sent a threatening email to UnhappyFranchisee.com.

(See JAN-PRO Threatens UnhappyFranchisee.com)

The letter, sent from Jan-Pro attorney Kathryn B. Shipe, alleged that UnhappyFranchisee.com was infringing of Jan-Pro’s registered trademark.

UnhappyFranchisee.com’s response follows:

12/27/11

Ms. Shipe:

Thanks for your “courtesy letter” regarding the single 240 x 120 pixel Jan-Pro logo that appeared on a single blog post on UnhappyFranchisee.com….

In regard to your objection to the use of the Jan-Pro logo on the UnhappyFranchisee.com website, please be advised that:

  1. The right for bloggers and online publishers to use company logos is clearly protected under the Fair Use Doctrine.
  2. The logo appeared on a blog post titled “JAN-PRO Franchise Complaints” that was accompanied by 600+ mostly negative comments about the Jan-Pro franchise program. If ever there were ever an “unlikelihood” of confusion, this would be it.
  3. This logo was provided by Jan-Pro’s own public relations agency for use in online and print publication. Your client provides this logo publicly in a downloadable format in order to encourage its use by writers, publishers and bloggers.

Even though continued use of the Jan-Pro logo on UnhappyFranchisee.com is fully within our rights under the Fair Use Doctrine, as a courtesy we have taken the following steps:

  1. We have replaced the offending logo with a graphic that states “We are NOT JAN-PRO”
  2. We have placed the “We are NOT JAN-PRO” graphic in several key places on our website, including our home page.
  3. We have published a prominent post that includes both your Cease & Desist Courtesy Letter as well as further clarification that UnhappyFranchisee.com is not affiliated with your client, JAN-PRO.
  4. We will publish this response letter as well, to ensure that no likelihood of confusion between UnhappyFranchisee.com and your client could possibly exist.
  5. We invite your client, JAN-PRO, to provide a statement, clarification, rebuttal or rebuttals to any and all of the views expressed by individual commenters on UnhappyFranchisee.com. We will publish your client’s rebuttal and clarification with the same or greater prominence as the views of the contains the individual commenters (whose views are not that of UnhappyFranchisee.com). Please extend this offer to your client on our behalf.

We are not Jan-ProOn a more philosophical note, it seems likely that an experienced attorney such as yourself would know that fair use of the Jan-Pro logo is entirely within our rights. We must assume that either 1) you believed that we are not aware of the legalities regarding freedom of speech on the Internet and thought we could be bullied, or 2) you were making contact as a first step for some further legal purpose.

Please be assured, in either event, that we are knowledgeable, resolute and outspoken when it comes to protecting the right to free speech, open discourse and transparency on the Internet. While we believe it is the right of each franchisee to share their experiences and their opinions, we also believe each franchisor has the right to dispute, rebut or disprove those opinions. We look forward to continuing to provide an open forum for both franchisees and franchisors, and hope your client will take us up on the invitation to participate in our forum.

ADMIN

UnhappyFranchisee.com

Statements or rebuttals are welcome and can be submitted to UnhappyFranchisee[at]gmail.com.

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28 thoughts on “JAN-PRO UnhappyFranchisee.com Responds to Jan-Pro Threat

  • 1st Amendment

    There is a new lawsuit against Jan-pro in Massachusetts. Please contact me if you have been ripped-off by Jan-pro in Massachusetts.

    You can e-mail the unhappyfranchise.com and he will give you my contact information, you can also find my number at complaintsbiard.com.

    Thanks

  • I once operated a janpro contract and I was told that my client was unhappy with my performance, also that I had been replaced by another franchisee. Unsatisfied with the dissatisfaction of the client due to my performance, I promted Janpro for more info on the matter and reasons for the clients choices and I was told the Janpro Rep that had that info was fired and the only option is to complete another 5-6 week training course that actually took me over 2 months due to the absence of the Trainer. Reaching out to a Janpro Corp office for support was not helpful I was given the same response. The Reps in the local office are rarely available and make many mistakes. Requesting a change of address 3x shouldnt be necessary, especially when its your paycheck. When my 2-3 week old paycheck bounced due to Janpro I thought back to how unsure I was about handing over $3,000.00. Never recieved any form of Employee ID or Badge for verification purposes. Unhappy franchisee?…. Yes Very!

  • Todd A. Peterson

    I am petitioning the IFA (International Franchise Association) to hold their franchisor members responsible for acts of fraud, threatening, stealing,lying and creating false documents to terminate their franchisees from their agreements.

    Although our franchises may be different most are members of the IFA and the IFA is stealing our rights to due process by helping these franchisors word their contracts in a way that when we sign up to start also forfeits our rights to due process should THEY commit CRIMINAL acts against our franchise.

    Please go to the link below and sign my petition. Then download it and post it to your web site so others will know and can sign as well.

    http://www.change.org/petitions/veterans-deserve-success-not-matco-tools-franchise-failure?utm_medium=facebook&utm_source=share_petition&utm_term=friends_wall

    Thank You!

    Todd A. Peterson

  • Here’s an idea, instead of blaming everyone else for your failures aka OBAMA, here’s a thought, take any document that you can’t understand to an attorney for review, an accountant for ROI information and possibly someone smarter than what you obviously are….It isn’t IFA’s fault for your failure at MATCO, just like most of the idiots that posts their issues here on the Jan-Pro site, it isn’t Jan-Pro’s fault that they can’t/won’t/don’t follow Policy and Procedures, don’t perform well in regards to actual cleaning duties, fail to understand the basics of customer service nor the basic business principals of a service oriented business.

  • Todd A. Peterson

    For your information Mr. Falkner, I KNOW WHAT IS GOING ON! I don’t need some pompous pencil pusher to point a finger at me. The IFA IS the problem!!! They PROTECT the franchisors at ALL COST. They bring tax cuts to they MULTI-MILLION dollar money making scam artists by lobbying our politicians through organizations like FranPac. They allow their franchisors to have DIRECT ACCESS to our VETERANS through Vetfran. Have you looked up on line and seen how much money the IFA gets to train these franchisors? Have you looked up on line and seen how much they make to make someone a CFE (Certified Franchise Executive)? Have you seen who heads the IFA and Vetfran committee chairs? Do you think Lonnie Helgerson who is a “Leader” and so called “Expert” in the franchise community profiting off of his membership and leadership as a Vetfran Committee chair member. Did you know Lonnie Helgerson makes money off of a list of soldiers which he tells franchisors for a certain fee they can have his list? Do you think that a guy who is supposed to be helping vets and is selling their info to franchisor worried about those vets if their franchisor screws them? You think that NO franchisor has ever done anything criminal to a franchisee?

    DO YOU GET OUT MUCH!

    Try turning on a light or opening your front door!

    Wake up the heck up!

    Your not in wonderland Alice!

    This is America! Home of the enslaved tax payer! We don’t make products in the U.S.A anymore but false dreams and credit is what CONGRESS has learned we as Americans are good for!

    Put us in debt on a franchise which if they violate their end of the agreement we are stuck with a SIGNED contract, (that the IFA taught the franchisor to do through training to their franchisee) which says we agree to get screwed by our franchisor. This theory will get tested! I promise!

  • 1st Amendment

    To Bill falkner, Are you then saying that these contracts that are written by jan-pro and franchisors are made so difficult for the sole purpose of ripping of people and defrauding them of there life savings. Is that the kind of country that you want to live in, Do you want to live in a country that you have to constantly watch your back so that you don’t get Ripped-off.

    When jan-pro steals accounts or takes a cleaners accounts away by telling them that the customer isn’t happy when infact the customer is very happy that is a CRIME ! Like a Judge recently said this is a PONZI SCHEME !

  • @Todd, YOU are blaming everyone and anyone for your own mess, you made the decesion to purchase your franchise from MATCO….YOU didn’t do your homework, YOU didn’t put in your time/effort to make money, YOU made decisions in regards to YOUR business and if failed….Got news for you, businesses fail all across this country everyday!

    @1st amendment, I have read numerous posts made by you on several sites, amazing to me that someone like you has so much time on their hands. Of course, on some of those sites, you are directly linked not only to liss-riordin but also to SEIU/Big Labor. Funny, I also have friends at Jan-Pro, you purchased the smallest package at 425.00/month, you couldn’t build upon that business without assistance from Jan-Pro and that is their fault somehow?

  • 1st Amendment

    Bill you are one sick Liar, I’ am not a member of seiu infact how would you like to put a wager on it.$$$ Come on put your money were your Lying mouth is at. The attorney that you mentioned is my attorney as I’m a lead plaintiff in a National Class Action Lawsuit against jan-pro just like many people around the country. More lawsuits are getting filled against jan-pro because jan-pro keeps ripping of more people. If anybody would like more information on these Lawsuits you can find my information at complaintsboard.

    Bill another Big Fat Lie that you crap out is that you say that I bought the smallest plan at 425.00 a month. Bill again you LIE! Would you like to place a Wager on it? I can prove that what I say is the truth and if you dare which I know you wont then lets have a wager .

    Jan-pro Lies, steals, commits Fraud and is in violation of the Rico and Raqueteering acts. I hope they all go to Prison soon!

  • Todd A. Peterson

    Bill Faulkner,

    I don’t know your story Bill but I do know mine. First full year in business 41 out of 1500+ Matco Franchisees. Second full year in business. Matco fraudulently steals and threatens me with the loss of my franchise if I do not surrender shops that I had established through Matco to put another distributor in business. I was on a pace to be top 10 that year but with the damage Matco did to my business and the losses my franchise incurred I was reduced to 134 out of 1500+. Had Matco forced me out of my shops in January instead of July I would not have been in the top 800 of Matco’s 1500+ franchise owners.

    I know facts Bill.

    My name is Todd Allen Peterson.

    I live in Lowell, Ar.

    I served 3 years in the United States Army.

    I have a loving wife of almost 14 years and she is the only wife I have ever been married to.

    I have two beautiful children. 11 yr old boy and 12 yr. old girl.

    I was a Matco franchise owner for 6 1/2 years. Of those 6 1/2 years 4 1/2 were spent with Matco letting my business FAIL after they made my franchise an unsuccessful franchise.

    No one wants to believe that the company they are in business with wants them to be unsuccessful but I assure you this IS the case with Matco. My purchase average when they took my customers was almost triple of what the National Average was when they took my success. Threatening a franchisee should have consequences. Especially when it is a Regional Manager, in your home, in front of your wife and with your 4 and 5 year old children sleeping close by.

    People reading these posts. Please!!! Do not put any faith into the comments of Bill Falkner. The fact that he does not even know who I am or how I got to be where I am, but will call me a failure and point the blame at me, leads me to believe that Bill is a successful person who thinks that only he can succeed or Bill profits from franchising just like the IFA who is a non-profit organization which contributed over $600,000 to campaign interest of those who can be lobbied in congress to get votes.

  • @Todd, go ahead and look at my profile on linkedin…No offense, I spent 20 Years plus in the Navy, No offense, I don’t waste my time blaming others for things that are at least 50% my fault. You claim that someone “threatened you”, then why didn’t you “kick their ass”! You claim that MATCO stole from you, SUE THEIR ASS! You claim that no one will listen to you, then MAKE THEM and not on a site that simply has a bunch of disgruntled, mostly uneducated, mostly lazy people that simply want to blame anyone/everyone else for their own mistakes.

    @1st Amendment- REALLY! Liss-Riordin isn’t allowed to practice law in California last time I checked….Now, one of her partners is, but she isn’t. She openly touts her and her law firms “buddy/buddy” with Unions, she has done it in interviews, on her own website, on Blue Mau Mau and other sites. In regards to your BET, tell everyone what package you purchased……I’m sure the administrator since he is buddy/buddy with you and that idiot Fortman, wouldn’t have any issue posting copies of your signed agreement on this site….

  • Todd A. Peterson

    Bill,

    First of all, I am very thankful for your years of service to our country. Second of all, you claim I am 50% at fault. WHATEVER! I am 0% responsible for my business failure Mr. Faulkner. ZERO!

    “Kick their ASS!”??? Is this really the advice that a 20 year veteran of the United States Navy gives to anyone? Take the law into your own hands? The reason I did not seek legal council in July of 2006 is because I was just about to peek growth and stop growing my inventory. I had just bought a brand new truck 6 months prior. I have a Matco Regional Manager in my house, who had told me what a great job I had been doing 4 months prior at our Expo in Cancun in which he handed me an award in front of all the other franchisees recognizing me as franchisee excellence in Sales, telling me that “Yes” you could lose your franchise if you don’t agree to make yourself unsuccessful. What was I supposed to do “Kick his ASS?”. I think that would have gotten me terminated rather quickly.

    Sue their ASS!? Well I am. I have an attorney but did you know that my attorney claims that I signed an agreement with Matco and mediation is my best shot at resolving my issues? Which does nothing to the franchisor who brought fraud, lied, threatened and falsely terminated my franchise? I want my day in court! But it seems that the agreements we sign to become franchisees gives the IFA members a free pass to screw its franchisees without ANY consequences for their actions.

    Last time I checked our government was created “for the people” and “by the people”. I guess things have changed quite a bit since then. Our government is “for the corporation” “to screw the American tax payer.”

  • Todd A. Peterson

    Look at our lending culture over the last 30 years! Look at FEMA over the last 30 years! Look at franchising over the last 30 years! Look at health care over the last 30 years!

    Our government has rallied to make change and give the tax payer in CRISIS!

    Their have not been any crisis! The crisis are being created so someone else can get richer. Do we really need our government to approve more SBA Loan funding which is exactly what the IFA is saying needs to be done? They state in their article that 10,000’s of franchises might go empty if congress doesn’t loosen up that American tax payer credit card. Enough is enough! Matco has a 36% loan failure rate. Isn’t it time to tell Danaher to find another way to make money besides screwing the people already getting screwed. Isn’t it time for someone to be held accountable for FRAUD!!!

  • 1st Amendment

    To bill falkner, Any attorney can work in any state, this happens all the time. Again you just say things without even knowing what you are talking about. Are you really checking because it seems to me like you are just talking out of your ass. I have said many tomes what package I purchased. I thought you said you knew everything? So I guess you know admit that you just lie and make things up. Tell us how much are the franchisors paying you to do Damage control? Better yet if you want copies of any information why don’t you just send me a self addressed stamped envelope and I will send you any information you want. You can find my phone number at complaintsboard dot com. I will be waiting for your phone call. That’s if you are man enough to call me. You might hide like a rat in cave like the president of jan-pro does when we tried calling him years ago.

  • 1st A, no offense, you are a complete idiot! Why does each state have a “bar exam”? If I’m lying, simply go to liss-riordin’s website, send her an email and ask a simpe question? Are you licensed to file suits in another state other than Massachusetts? If answered, she will state that she can represent as part of her law firm, but that SHE cannot pursue as an attorney only….

    No damage control, just sick of you and Fortman spewing crap all over the internet without being challenged….Suprised that the Admin here has actually allowed me to speak freely, must have changed his policies from the past…See that many have been “banned” or “silenced” as reported on blue mau mau!

  • Todd A. Peterson

    Bill,

    This site is very fair to those who wish to defend franchising. Unlike the IFA, Vetfran and other organizations who choose to be ONE SIDED and let only their PROFITABLE opinions about franchising be heard. Much like Matco’s President Tim Gilmore who as Vice President made a recruitment video with a false survey stating franchises were more likely to succeed than a small business which violates FTC regulations.

    Matco does whatever they want under the protection of the IFA who boasts all over its web site that it does. The IFA is supposedly a non-profit organization but has created organizations which profit from creating CFE’s, franchisor training, membership, legal symposium’s, etc.

    It would be nice if the IFA who is supposed to protect ALL involved in franchising but the cold hard facts are the IFA as well as its members are crooks and thieves. They turn a blind eye to JUSTICE because it INTERFERES with their profits.

  • 1st Amendment

    To bill, You are the Idiot. When janiking, coverall or jan-pro get sued for ripping off families, single Moms or Veterans these people take action and look for a law firm to help them. These law firms sometimes ask other attorney’s or law firms for help. The Judge is then asked for permission to allow attorneys from other states to work those cases and the Judge usually allows it. Bill go look in the mirror, the only idiot is you.

    Bill what you are doing or trying to do is damage control. Will you tell us how Much MONEY these franchisors are $$$ Paying you? Are you telling us that you have nothing better to do but to go to all these different websites. Your not fooling anybody you work for the franchisors. You should also read into all the hundreds of lawsuits against these cleaning franchisors and don’t forget to read the thousands of complaints while your at it. bill are you ok with people who use Racist and derogatory remarks like the other guy who you defend that was kicked out? Do you feel that racial derogatory comments have a place here or at bluemaumau ? I’m sure that if anybody uses racial and derogatory remarks and sounds like someone from the kkk they would also get kicked out of bluemaumau. Bill I don’t understand why you defend people who use derogatory and racist remarks. Perhaps you believe in those things to.

  • 1st A: Amazing, never saw anything racist on Blue Mau Mau, only looked here over the past couple of months and end of day, many people are called racist only because the offer a differing opinion than others. Look no further than our current President, ANYONE who disagrees with the “annoited one” is automatically against minorities. REALLY?

    1st A: Noticed how you didn’t respond to any points that I made, just wanted to attack me personally.

    1st A: You are a loser, Todd Peterson is a loser, Jonathan Fortman is a loser. Do you understand what I’m saying?

    In closing arguments, there are over 50,000 owner-operators working with the top five or six commercial cleaning franchising companies in the United States on a Nightly basis….Numbers overall closer to 80,000 owner-operators if you include the second and third tier companies. They perform Quality Work, they are running their businesses correctly, they are growing, they are doing more than simply existing in life, they are changing their futures, their family’s heritage and other dramatic and GREAT things. They are truly what this country’s story is about.

    For the record, I am a 20 Year Navy Vet! So I think I know just a little more about the world than you do 1st A and I certainly question your nationality and legal status.

  • Todd A. Peterson

    Bill,

    You are a freaking DISGRACE to America! You are a PRIME example of an individual who’s lust and greed for money and success puts blinders on your eyes to what others are experiencing in franchising. If you are a 20 yea Navy Vet then we need to meet. I got a few things to show you and maybe you will have a reality check. Instead of being a inconsiderate, pompous, HEE-HAW maybe if you see FACTS in front of you you can JUDGE people more precisely!

  • @ Todd, yea, yea…..nothing but a veteran, served my country, run my business correctly, speak the truth and it hurts you…..Overall, i’m fine with who looks back at me in the mirror each morning…..Obviously, you have a need for some counseling on multiple levels. Maybe 1st A and/or Fortman can recommend you to someone.

    Hope this Helps…..

  • Todd A. Peterson

    Their are lots of crooked people in the world who have no problem standing on others to reach the top. It is only the people at the top who got their SERVING their country and HELPING others that I respect.

    I am sure that George Washington, Thomas Jefferson, Abraham Lincoln, John F. Kennedy as well as many other fine presidents would be appalled by the government of today!

    A government turned into protectors of the wealthy!
    Why is there nothing made in the U.S.A.? government
    Why is the IFA allowed to protect its members at tax payers expense? government
    Why is our health care system all screwed to hell? government
    Why can’t we as Americans afford our homes? government
    Why are we at the mercy of fuel? government

    Everything points to greed! Everything points to Americans JUST LIKE YOU or do you have a problem producing a birth certificate just like OBAMA!

    Americans like you, if you are one, are the reason that our government can be played like a string puppet to promote special interests through lobbyist.

    People like you don’t care if others are taken advantage of by our so called “LEADERSHIP”.

    As long as you keep profiting from dishonesty!

    Perhaps you are a franchisor and you do things the correct way. If you do I am truly sorry for my stance. I am not intending to hurt anyone with my comments.

    But I can say this “I will not stop”. You are part of a dishonest organization that could be used for good in the U.S. economy. Right NOW! It is bad, REAL BAD!

  • Bill Fuknut wrote “Jonathan Fortman is a loser”

    Actually, Bill, the definition of loser is “one who loses.”

    Jonathan Fortman just WON a multimillion $$$ judgement against a fitness company on behalf of its ripped-off franchisees. He’s in the process of kicking Stratus Building Solutions *ss in court and in the media, exposing them for the ponzi scheme they are.

    Not sure which crooked scam you’re working for, but odds are that loser is coming for you next. Better hide your acorns well, there, sparky.

  • @ Guest, how original of a screen name, hope all is well with you Fortman. Problem with the truth is those damn pesky facts. Yes, it only took the astute Jonathan Fortman six or seven years from the time he filed the lawsuit to get a judgement. Now, the problem is a judgement is simply a piece of paper, he hasn’t actually gotten the “cash” yet…In fact, because the company that he originally filed the lawsuit against was purchased by another company, he will literally get pennies on the dollar for the judgement if anything.

    @ Todd Peterson, wow, I look at your posts, the sheer volume, hell even 1stA has a job picking lettuce/harvesting fruits with his migrant worker friends/relatives in S. California. Maybe he could get you a job!

  • Bill Fuknut: The problem with being wrong is, well, you’re wrong.

    The company that first settled with Fortman first settled with is the company that bought Contours Express. Deep pockets. Private equity. Insurance. That sort of thing. He then proceeded to go after the original franchise company and its founder, which was not protected under the previous multimillion dollar settlement.

    Two wins. Zero losses.

    After that, going after janitorial ponzi scheme scumbags should be child’s play. Seems to me, the term “loser” should apply to those who prey on the dreams of hardworking people, sell them underbid accounts and then take them away using lies and deception, leaving them with nothing.

    How embarrassing for these janitorial franchising scumbags when the local news exposes their scamming sleazebag ways for all their neighbors to see. I believe there’s a word for what their neighbors and ex-golfing partners will call them and the wives about to dump them… Losers

  • Todd A. Peterson

    Does anyone realize why it is hard to fight these franchisors?

    It is because everyone is bought off. From franchisors to attorneys to politicians to the media franchising is protected. The IFA was, originally, an organization to protect franchising which included FRANCHISEES. But it is now an organization which has BANDED together all the people who are PROFITING off of franchising into a force that can not be reckoned with.

    The ONLY way we as SCREWED franchisees can get change to happen in franchising is to BAND together!

    A good start at change would be the IFA Legal Symposium May 20-22 in Washington D,C.

    If all of us unhappy franchisees were to show up and voice our opinion at this convention people would take notice. But the facts are we are doing what our government trained us to do. Be a WORKING America. It is hard for any of us to represent ourselves at ANY of these meetings where people are grouping together to decide how to screw the next round of franchisees USING our legal system to do it. That, my friends, is exactly what will be taking place on May 20-22 in Washington D.C.

    Want to educate yourself further go to this 16 page brochure that is found on the IFA’s web site.

    http://www.franchise.org/uploadedFiles/LegalSymposium2012_web%204-16-12.pdf

    Learn that on May 21, 2012 these attendees of the Legal Symposium will be learning all about how to deal with us pesky franchisees.

    It says franchisees are even invited. All you have to do is come up with $1475 to cover your non-membership of the IFA. A room rate of $306 a night (Standard) and a $50.00 registration fee. I see a lot of franchisees going to this convention DON’T YOU?

  • 1st Amendment

    It looks like the people who bought into the coverall Ponzi Scheme will soon get Justice.

    Here is part of the article. To read the whole article you can go to the link bellow.

    ‘The Sky is Not Falling’
    Although ruling in Coverall case could cause sweeping changes

    By Julie Bennett
    As published in: Franchise Times – May 2012

    Coverall’s five-year legal battle over whether its Massachusetts franchisees are really company employees is not over, but the lawsuit’s growing success is generating alarm within the franchise community. In March, District Court Judge William Young ruled again in the franchisees’ favor, stating that a group of at least 115 franchisees were misclassified as independent contractors and are eligible for the benefits employees would have earned during their tenure with Coverall, including back wages and overtime pay.

    He ordered Coverall to refund the monies the franchisees had spent on franchise fees, cleaning contracts and insurance, and said he would impose triple damages on the cleaning company back to 2006. “We’re talking tens of thousands of dollars for most of the workers,” said Shannon Liss-Riordan, of Lichten & Liss-Riordan in Boston.

    Judge Young was expected to rule on the total amount of damages in mid-April. And as soon as that happens, lead defense attorney Norman Leon, a partner in DLA Piper’s Chicago office, said that Coverall would file another appeal. In order to ask the U.S. Court of Appeals, First Circuit, to review Judge Young’s most recent ruling, Coverall will have to post a bond based on the total damage amount, Leon said.

    http://franchisetimes.com/content/st…?article=02367

  • Does anyone know how I can start a class action lawsuit against janpro? I have several people most willing to sign petitions to get their money back. Everything I am reading on this forum is 100% true, this is unbelievable they can steal peoples hard earned savings and keep offering new “owners” whom they treat like employees business they don’t have. Shame on janpro!!!!

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