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Attorneys and Lawyers are ruining the franchise industry. It is too bad too, because franchising represents over 400,000 businesses in our country and accounts for just over one-third of every consumer dollar spent in this country. By over regulating and over lawyering the industry we are weakening our free markets and suffocating our up and coming entrepreneurs.

I remember standing with a group in Las Vegas at the annual IFA meeting at the MGM, where everyone was gathered around Mr. Rosenberg and the attorneys were making comments apropos to franchise law, Bob, just rolled his eyes and threw up his arms in gest; “Oh you guys?” he said, meaning, all these laws and rules have nothing to do with successful franchisees or running a franchise company. He did not do it by laws and rules, he did it by caring, working hard and not giving up. Franchising is a win-win situation. Could he have done what he did then, today?

The reason I ask is that Krispy Kremes, with a never ending supply of capitalization just got creamed themselves recently and now the lawsuits will fly as the dough hits the ceilings, Atkins diets will take hold and people will have less fillings. KKD’s CFO leaves the company, insiders tied up in class action lawsuits, what next? Well Krispy Kreme will have parties for Washington DC insiders to slow possibility of any regulatory actions. It’s all a game now, so I ask could Duncan Donuts do the same thing today with all this over regulation? Do not be so quick to answer yes, think on it a bit. Think of all the unnecessary disclosure, laws, lawsuits and market forces? If you are an optimist the answer is maybe. If you are a realist, the answer is most likely not. Think about it. Is the Federal Trade Commission willing to get on the same page with reality?

By Lance Winslow

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