| |
| |
|
Politics Information |
|
|
|
Mental Masturbation of FTC Franchise Rule Report
Please read through this quick thought and discussion as if a conversation where one party has been taken out and we are left with a monologue as the other debater is missing. Assume that debater is the compilation of arguments presented and only existing in the 432 page, 10-year late report of the Federal Trade Commission' Franchise Rule, for it does not exist in reality or in any way lend itself to any sort of modern day economic theory of free markets, free men, the rights of men and created corporate entities to free contract. The discussion in the Federal Trade Commission report is a discussion of mental masturbation between attorneys who make a living suing and collecting money from those who produce, the entrepreneurs. This discussion, debate and condemnation of over regulation and those who create such situations comes directly from the mind of an entrepreneur who is often not heard, yet creates, builds and toils in blood, sweat and tears to make available all that we see every where we go in our civilization. Since this side of the debate comes from the mind and rants of an entrepreneur furious with the treatment, bad policies, outrageous regulations, over-lawyered industry, there is no sugar coating here. It is as Jack Welch might say "from the gut." It is important to hear the other side as all to often government agencies only hear from the so-called professional side, that of lawyers, who have hijacked the law. Until a balance is reached and a reality based set of rules put in place the franchising industry will continue to be stifled and America cannot receive her true potential, some might say franchising is fine. I say it is the world's greatest business model and could be ten-fold and we are squandering it like fools in this country. We need to open the eyes of the regulators to see what is really going on out there and how this trend is killing our economy. So, read and think about it and perhaps you will be enlightened as to a bigger picture of cause and effect of these insane disclosure regulations (they are completely nuts and it is not just in this industry we have runaway disclosure laws and rules). It is time to tighten up the regs and in doing so deleting much, if not all of the current disclosure now required. I propose that the leading thinkers at the FTC, along with some entrepreneurs sit down with a bunch of red magic markers and go line by line through these regulations and delete as much as humanly possible. I have been involved in such "Red Magic Marker Committees" and they work, and create a renaissance of hope for entrepreneurs and the flow of capital follows, it is truly an inspiring awe to see it take-off, the franchising industry needs that, now more than ever. Reduce the over disclosure requirements. Now then, on page 21 of the report it states the following: "The commenters maintained that pre-sale disclosure is a cost-effective way to provide material information to prospective franchisees so they can assess the costs, benefits, and potential financial risks involved in entering into a franchise relationship. In particular, pre-sale disclosure enables prospective franchisees to investigate the franchise offering by providing information that is not readily available, such as the franchisor's litigation history and franchisee failure rates." 17 I believe this to be a falsehood and misrepresentation of the actual facts in modern day franchising. One must take into consideration the costs to prepare such documents in the first place. The average total costs to prepare a set of franchise disclosure documents is $25,000 -35,000 and if you read the ABA Forum franchise attorneys this month are up in arms that someone, anyone other than a Franchise Attorney might prepare such documents. They are also upset that anyone might possibly give advice to a franchisor other than an attorney, so much so that they continually lobby many franchise registration states to come down hard on those who might say something that could possibly be construed as "Practicing Law without a License" effectively meaning that little competition exists in franchise disclosure packaging with anyone other than a Lawyer. Thus there is no competition in the industry for such services and the lawyers in fact can continue through extortion and hi-jacking of the law in this regard. Lack of competition means higher costs, meaning we are moving away from anything that has ever resembled cost-effective into the category of 'highway robbery'. The fact of the matter is that if the disclosure documents are Really and Truly to help the consumer, then they should be very simple and not create barriers to entry for new franchisors, who are forced to pay these exorbitant costs. Further, new franchisors are led to believe they must rely on what is often, bad advice of lawyers and are scared into believing that the lawyers understand business, who clearly give advice on matters of management, hiring, cash flow and other things they are not qualified to give, yet at the same time condemn Accountants and CPAs for giving advice on the best corporate structures, meanwhile the government in their own definitions of such often give advice in brochures and pamphlets to help consumers. In addition new franchisors have a very tough time finding most of the important forms required by the government to be filed and the only place to get them is at an attorneys office. It is obvious why many entrepreneurs just say "well, all lawyers should be shot" yes a rather harsh statement especially considering all of us have lawyers in our families, when using this as an argument, entrepreneurs often say; "well you get rid of the ones in your family and we will sacrifice the ones in ours." Why all the animosity? Well this rule making session is a perfect example, most everyone commenting is a lawyer or has a lawyer commenting for them? The laws are therefore for the lawyers not the people, entrepreneur or betterment of the all, as they are intended to be. Attorneys in general are the most self-serving profession on this planet, which stifles our Capitalistic System at every corner, since no one can debate that comment, I win; Think about it. Oh yah and thanks for listening. "Lance Winslow" - If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs
MORE RESOURCES:
Politics - Google News |
|
|
|
RELATED ARTICLES
A Component of Liberty is a Strong Social Contract with Governing Body Recently I got to talking with a gentleman at a coffee shop who was concerned with changes due to the Patriots Act I and II and being a studier of historical record he began to explain to me the significance of these events and what it meant for Americans and what it said about our Constitution and Leadership. So, then here is a summary of thoughts preceding this conversation and an open ended debate for those who dare to question authority or those who find themselves thinking conspiracy theory thoughts while watching events unfold in our mass media. The Protocols of Sion #1 There is a lot of debate about who made the Protocols. They lay out a plan for world domination and are attributed to the Sionists and therefore Rothschilds who founded the Illuminati. Droughts, Dirty Water and Disease When we go through periods of droughts we also have other problems, which are increased. Things such as West Nile Virus, Bark Beetles, Disease Epidemics, Med Fly and realize these problems which occur during certain weather periods are compounded when the cycles get out of control. Reelect President Bush for the 2nd term: Evidence & Proofs Why President Bush should have his second term? The arguments can be drawn from Gas price, Job creation and War in Iraq scientifically. If it is scientific, it must observe the same result, test in the same experiment and constitute a mathematical truth. The Morality of Child Labor From the comfort of their plush offices and five to six figure salaries, self-appointed NGO's often denounce child labor as their employees rush from one five star hotel to another, $3000 subnotebooks and PDA's in hand. The hairsplitting distinction made by the ILO between "child work" and "child labor" conveniently targets impoverished countries while letting its budget contributors - the developed ones - off-the-hook. Silicon Valley Brain Drain; Bad Trade Policies, Why? We have brain drain issues in Silicon Valley, we have taught so many students from India, Pakistan, China all kinds of heavy duty industrial high tech studies and research and now that they cannot find jobs, many will be going back to those countries to work and with them all our technology. Brain fart? You teach them nuclear physics and you assume if they go back they will make paper dolls or something? Try nuclear weapons dummy. Wealth Distribution and Inheritance, What Will They Buy? Cars Wealth Distribution is often discussed at length in periodicals such as American Demographics Magazine, much of this information does not hit the main stream media. A recent article on the huge transfer of wealth to the Baby Boomers, revealed some very interesting facts about such trends in the United State. Regional Grid Power Backup; Energy Ideas Our Hydro-electricity accounts for some 20% of our current needs. Hydro Power; think of that? We do use the most electricity per capita than any other country in the World, but we also have the strongest middle class and rank near the top in quality of life and standard of living. Transporting Troops in the Future Currently when we transport troops we use large cargo planes or put all the troops onto airliners or charter large Boeing Jet Airliners to send them near the battlespace, but in the future we will be able to put them to sleep, pack them into small honeycomb spaces and transport 1000 or more troops in cargo container type modules. Sounds inhumane? It isn't, let me explain why. The Options For Regime Change In Iran If recent speeches by US officials on Iran's plans to become a nuclear power can be seen as part of a build-up to a possible US-evoked regime change in Iran, the intelligence behind it is at once scant and abundant. Whatever the real official US policy toward Iran is aiming for exactly is hard to get clear, but it is noteworthy that off late, US officials have stepped up their campaign of Iran criticism. OSHA is just more BS from the Blob of Bureaucracy Is Ohio Manufacturing Sector really unable to compete in the world market? Is the auto industry, which is the state's manufacturing rock really in jeopardy. Are the Unions really killing the manufacturing sector causing off shoring of American jobs? Let me offer an alternative view of the situation from an Ayn Rand perspective. Israel Termed A 'Nuclear Power' By US Officials In the last two weeks, two non-senior US officials indirectly called on Israel to start planning on cancelling its nuclear weapons programs. Even though they said this is not intended for 'the foreseeable future', their publicly terming Israel a nuclear power on a par with India and Pakistan might be a sign that the US perceives of nuclear issues as too serious to condone the double standards it employs freely on other issues. Positive People Power - Taking Control By Being Proactive NOT Reactive! WE MUST PUT A STOP TO THE EVER-INCREASING PRICE OF OIL!In the last few months the price of many necessities has markedly increased. Sure, we can call it 'inflation' and say it's just a part of life - but it's a component which is slowly but surely strangling all of us, financially. Illegal Aliens and Homeland Security; Rants from Lance 2003 Is it just me or are you concerned that illegal aliens were working on a nuclear submarine in San Diego? Is it just me or are you upset that 81,000 people come over the border in Laredo TX every day to shop and from there can go nearly anywhere if they time their travel correctly? Is it just me or are you concerned that we only have our borders secured in one direction, coming into the country? Is it just me or are you concerned about the two houses with tunnels from Mexico to the US with handrails and lighting and cement sides, roof and floor that was just found, but had been there for two decades? At least it was ADA Compliant?We harass our own people yet let things like this go by our so-called enforcement agencies. Government's job as outlined in the Constitution is to protect our people. The FIRST FAMILY of the United States The Randolphs:Peyton Randolph was the first President of the United States and he is a nobleman. I know he is closely connected with the Hapsburgs who lived near the Randolphs and later the Duponts. Ronald Reagan is Right Why is it that every single thing government does; it does not do well? Why is it that every single mistake of any real hurt is caused by the government? Why is it that every time government screws up AGAIN, we are told that they will fix the problem? Yah right? When has government ever fixed anything? Ronald Reagan once said the most scary words in the English Language were; "Hi, I'm from the Government; and I am here to help you!" he later said when asked about that quote that he could not recant it and offered advice to anyone who hears it; "RUN" he said.Let's face it you do not have to be Ronald Reagan to know when you are being fed a line of malarkey. How Can You Have True Freedom if They Control Every Aspect of Your Life? Freedom is in the eyes of the beholder. In Communist Countries the populations are told they have a good life and a great life's purpose, supporting the country and leadership with a much needed and important job. What Ordinary People Are Saying--Robertson Assassination Comment What ordinary people are saying about U.S. Monetary Flows, Consumer Debt, Policy, Trade Deficit and Reality America has some monetary issues, which need to be addressed. First consumer debt is at issue; the average consumer is upside down in their cars, over extended on credit card debt and living in a house, which they may have 10-15% equity and probably less with all these new home sales on 2-3% down and all the re-financing to pay off short term debt. US Army in Catch 22 on Gays Issue Many of those who wish to fight for our country come from families with strong ideals of freedom. Most of them are strong Christians in fact.
|
| home | site map |
| © 2006 |
