Financial performance representations (“FPRs”), formerly referred to as “earnings claims,” have generated extensive discussion since franchise sales first became regulated in 1970. FPRs are, in plain English, projections of how a franchise might perform financially or historical financial performances.
To Disclose or Not to Disclose?
While <I>Hanley v. Doctors Express Franchising, LLC</i> does not demonstrate any significant movement in the law governing FPRs one way or the other, it does demonstrate that FPR claims will not necessarily be readily dismissed, and that the absence of relevant information can be even more important in the context of financial disclosures than the actual accuracy of what is reported.
By
Rupert Barkoff And Andrew HeadThis premium content is locked for LawJournalNewsletters subscribers only
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