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Author: Lance Winslow Article source: http://www.franchising.org/. Used with author's permission.
We should all give much kudos to the Federal Trade Commission. We sincerely compliment you on your misdirection, smoke screams and use of self-aggrandizement to further justify the on-going ability to govern, lead, legislate, regulate, and enforce law in the franchising industry. Many of the fear tactics and public relations ploys at the Federal Trade Commission show tactics straight out of the Machiavellian Play Book. Therefore we believe some sort of award is deserved for such strict adherence to that methodology.
The Federal Trade Commission has very well executed these plays time and time again. There is a significant problem however with all of this. That problem is the franchising industry is on the same team of those ideals you claim to be promoting. Truth, Justice and the American Way at the Justice Department and Free Markets, Free Enterprise, Competition, Consumer Rights at the Federal Trade Commission. However, in reality what we find being done at the Federal Trade Commission is a systematic blocking off of lanes during rush hours, when there has not been any franchising roadwork on the highway in ten years? Where no major accidents or pile-ups have been caused by franchisors. Yet we as franchisors are treated like Islamic HazMat drivers under the influence with bogus ID. The franchising company leadership is nothing close. Unless you consider under the influence as being under the influence of innovation, capitalism and entrepreneurship. Last time I checked that was what built the country in the first place. Well it appears that being feared and respected has always been runner up to being loved and respected as per the Prince.
The patch work of federal and state franchise rules reminds me of this I-95 corridor and Mixing Bowl where all your laws come together along with all the state registration laws for a complete quagmire of debris in rush hour. During economic expansion periods franchising must flourish and under times of economic uncertainty franchising can pick up the slack in the job markets while lessening the blow of economic hardship. Attacking the franchising model and setting up roadblocks is not law enforcement although it does create criminals out of hard working folks who are holding up the economy. Franchisors are better suited at law enforcement, enforcing natural laws; such as law of the fittest through direct competition and enforcing standards for consumers based on their desires and purchases for such. How on Earth can a government agency, which does not have to turn a profit or uphold any sense of 'market-reality' of consumer supply and demand in the market place expect to do that from afar, by merely putting words on paper? What about the laws of free markets, free men, right of contract, supply and demand, competitive industries or consumer choice? Are those not laws? Are those laws any less serious than the Federal Trade Commission's words on paper of rules and regulations which have no basis or market reality and are written by those who have never had to make a paycheck and discussed by attorneys who make money manipulating the laws of the market and those on paper for their own personal gain, without contributing to the perfect system of franchising and those of free markets?
Isn't it time that the Federal Trade Commissions law enforcement experience include a 'reality check' and follow the natural laws of our own capitalistic system? Enforcing laws, which are of detriment to the economy, jobs, capital flows, industries, franchising is not helping anyone, as a matter of fact as I have shown it is hurting everyone. If this is the law enforcement experience that the FTC purports it is a very sad day for the Free World and those who participate in the greatest market place of all, yes I speak of the United States of America, where all things are said to be possible.
The Federal Trade Commission creates unworkable scenarios, rules and over disclosure and then waits for society to deliver them a criminal. Then promotes the fact that they have now found a criminal "Exhibit A" to justify their case for further rules and regulations. That is not law enforcement that is just 'left' of a very bad joke of the direction and trend in America. Finding criminals and filing cases is wonderful and perhaps if you stretch the definition you could purport; law enforcement experience as they so tactically did in their crafted report on franchising. Yet the criminals you pick as targets are merely entrepreneurs, business men and women or fast moving comets of commitment, dedication, perseverance who believe in country, capitalism and freedom. I find it fascinating in the conclusion of this report that the Federal Trade Commission on franchising that it interprets all the incoming comments from 1995 and 1997 as proof of further need to provide more disclosure to franchisees. I find in summary of reviewing all those comments the exact opposite.
I think the Federal Trade Commission's Franchise Division ought to be shut down and return the monies of their ill-gotten gains to the franchising industry. Although the economic loss to this county would be in the 100's of billions of dollars and right now the entire Federal Government cannot come up with that amount of money that it owes in damages to the business community. Think about it you moronic Bureaucrats. "Lance Winslow" - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
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