Happy New Year! Unhappy Franchisee is hosting good old fashioned Franchising Town Hall Meeting, pig roast & idea exchange!
Share this link on social media & invite all to join in: UnhappyFranchisee.Com/NASAA-Townhall
2022 is the Year of Franchise Truth… so share a comment, opinion and/or rant… the industry, state & federal regulators are listening!
North American Securities Administrators Association, Inc. (NASAA) Invites Public Comments on Proposed S.O.P.
NASAA web page:
NASAA Seeks Public Comment on Proposed Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments
Sample Franchisee Questionnaires (aka Franchisee Disclosure Acknowledgement Statement)
Public Comments & Articles
Former FTC prosecutor Peter Lagarias provides a concise overview of the NASAA SOP issue & why it should be adopted.
“The result of signing seemingly innocuous statements is that franchisees routinely give up all of their legal rights—forever.” – Howard Bundy
Sean Kelly shows how many prospective franchisees have received illegal earnings claims… but don’t know they came from the franchisor.
“Potential Franchisees are fed a seemingly endless stream of ‘positive press’ that often flies in the face of information provided in the Franchise Disclosure Document.”
“In today’s digital world, it’s way too easy for would-be franchisees to get “earnings” information from sources that aren’t vetted, or in some cases, from disinformation campaigns…”
“Questionnaire and Acknowledgement[s]… are nothing more than Legal SealClubs used to keep the Franchisees at bay.”
Franchisor Attorney David Kaufmann Controversy
Franchisor Attorney & NASAA Advisor David Kaufman Issued a Restraining Order to Prevent Franchisee’s Letter to NASAA
Is it proper – and legal – for franchisor attorney, mediator & NASAA advisor David Kaufmann to issue a restraining order to keep franchisee Jim Lager from sharing his opinions with NASAA? And previously preventing him from participating in the FTC’s review of The Franchise Rule?
Are tactics like this why so few franchisee voices respond to government invitations to comment?
This is the letter former franchisee Jim Lager was ordered not to submit to NASAA despite its not naming the franchisor.
Lager decided to defy Kaufmann & submit it anyway. He notified NASAA about Kaufmann prohibiting his participation:
He decided to also share this year-old letter he was told he could not submit to the FTC December, 2020:
Jim Lager sent a letter to NASAA asking if he can be excluded from discussion:
Jim Lager Letter to NASAA 12/28/21 re: Kaufmann’s order not to submit
In 2020, A Franchisee Was Ordered Not to Submit Comments to Federal Trade Commission (FTC)
Here’s Lager’s letter to the FTC regarding Kaufmann’s order:
Documents and related letters have been released exclusively through UnhappyFranchisee.Com.
Media credits should include UnhappyFranchisee.Com & link.
For more information or interview requests, contact Sean Kelly at UnhappyFranchisee [at] Gmail [dot] Com.
We welcome comments and clarification from David Kaufmann, Michael Joblove, PIRTEK USA as well as the franchise regulators of NASAA and the FTC.
NOTE: Unhappy Franchisee provides an open invitation to all individuals and companies discussed, mentioned or involved with our posts. We invite you to provide corrections, clarifications, rebuttals or alternative points-of-view in the comments and/or by emailing us at UnhappyFranchisee [at] Gmail [dot] Com. We welcome all respectful opinions and value open, productive discussion. We also respect the protected right of anonymous speech and assure the confidentiality of our sources and those who wish to contribute anonymously. Threats and bullying will not be tolerated (especially when directed at us).
The opinions expressed are those of the author or of those he has quoted. Statements of fact are true to the best of our knowledge; always do your own research and come to your own conclusions.
WHAT DO YOU THINK? PLEASE SHARE YOUR OPINION BELOW OR EMAIL US AT UNHAPPYFRANCHISEE [at] GMAIL [dot] COM
TAGS: NASAA, North American Securities Administrators Association, franchise legislation, David Kaufmann, Franchise attorney David Kaufmann, mediator David Kaufmann, attorney Michael Joblove, PIRTEK, PIRTEK USA, Glenn Duncan, Jim Lager, franchisee Jim Lager, Franchise NDAs, Federal Trade Commission, FTC, the Franchise Rule, NASAA, Franchise Legislation, AAA, American Arbitration Association