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Franchise Disclosure Enters the Electronic Age

By Gary R. Duvall

It was a dark and stormy Seattle day 7 years ago. The Federal Trade Commission (FTC) was in town for its workshop on the proposed revisions to the Franchise Rule (the NPR) on Nov. 6-7, 1997, to discuss whether it should allow franchisors to disclose electronically. Many people testified positively, including yours truly, and the discussion quickly turned to how to do so: floppy disks (but there were so many formats incompatible with the PCs and printers of the day), or the Internet (but there were so few prospects that had access). How much has changed!

In its Aug. 25, 2004 Staff Report, “Disclosure Requirements and Prohibitions Concerning Franchising … ” the FTC staff took the road paved that day and will recommend that the FTC permit electronic disclosure without significant qualifications.

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