16 CFR 436.1 - Definitions

Cite as16 CFR 436.1
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165 practice notes
  • Part V
    • United States
    • Federal Register March 30, 2007
    • March 30, 2007
    ...between an ``action'' at law and a ``proceeding'' in equity.\71\ Clearly, both types of legal matters must be disclosed. \68\See 16 CFR 436.1(a)(4). \69\ This definition is also consistent with the Commission's interpretation of the term ``action,'' as discussed in the Interpretive Guides t......
  • Separate Parts In This Issue Part V Federal Trade Commission,
    • United States
    • Federal Register March 30, 2007
    • March 30, 2007
    ...between an ``action'' at law and a ``proceeding'' in equity.\71\ Clearly, both types of legal matters must be disclosed. \68\See 16 CFR 436.1(a)(4). \69\ This definition is also consistent with the Commission's interpretation of the term ``action,'' as discussed in the Interpretive Guides t......
  • Schwartzco Enters. LLC v. TMH Mgmt., LLC, No. 14–CV–1082 ADSGRB.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • November 17, 2014
    ...[“Amended Compl.”], at ¶ 4.). The Plaintiffs also assert that the Defendants violated the federal franchise disclosure law, including 16 C.F.R. 436.1 et seq. (the “FTC Act”), and the NYFSA by failing to provide sufficient disclosures.The Plaintiffs point to the individual defendants, includ......
  • Legacy Acad., Inc. v. Mamilove, LLC, No. A14A0718.
    • United States
    • United States Court of Appeals (Georgia)
    • July 16, 2014
    ...based upon Legacy's violations of the FTC Rules, specifically the FTC's Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR §§ 436.1 – 436.5. Under the FTC Rules,a franchisor must provide to prospective franchisees a complete and accurate basic disclosure document contai......
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112 cases
  • Schwartzco Enters. LLC v. TMH Mgmt., LLC, No. 14–CV–1082 ADSGRB.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • November 17, 2014
    ...[“Amended Compl.”], at ¶ 4.). The Plaintiffs also assert that the Defendants violated the federal franchise disclosure law, including 16 C.F.R. 436.1 et seq. (the “FTC Act”), and the NYFSA by failing to provide sufficient disclosures.The Plaintiffs point to the individual defendants, includ......
  • Legacy Acad., Inc. v. Mamilove, LLC, No. A14A0718.
    • United States
    • United States Court of Appeals (Georgia)
    • July 16, 2014
    ...based upon Legacy's violations of the FTC Rules, specifically the FTC's Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR §§ 436.1 – 436.5. Under the FTC Rules,a franchisor must provide to prospective franchisees a complete and accurate basic disclosure document contai......
  • Int'l Franchise Ass'n, Inc. v. City of Seattle, Case No. C14–848 RAJ.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • March 17, 2015
    ...The definition used by the City here is no different than many other federal and state laws which regulate franchises. See, e.g., 16 C.F.R. § 436.1(h) ( “Franchise means any continuing commercial relationship or arrangement ... in which the terms of the offer or contract specify ... that th......
  • Morgan v. Air Brook Limousine, Inc.
    • United States
    • Superior Court of New Jersey
    • January 31, 1986
    ...including Air Brook, to provide a prospective franchisee, like Morgan, with a Rule disclosure statement (required by F.T.C. Rule 16 C.F.R. § 436.1) is a per se unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation in violation of § 2 of the......
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19 firm's commentaries
8 books & journal articles
  • Franchise Encroachment
    • United States
    • American Business Law Journal Nbr. 47-2, June 2010
    • June 1, 2010
    ...or (iii) permittingthe franchisor to distribute competing products under trademarks different from that of thefranchise system).12816 C.F.R. § 436.1 (2009).129Disclosure Requirements, 72 Fed. Reg. 15444 (Mar. 30, 2007) (codified at 16 C.F.R. pts.436–37 (2009)).130As recognized in Cont’l TV, ......
  • Franchising and the Parol Evidence Rule
    • United States
    • American Business Law Journal Nbr. 50-3, September 2013
    • September 1, 2013
    ...about earnings”). These earnings claims are now known as “financial performancerepresentations” under the Amended FTC Rule. 16 C.F.R. § 436.1(e) (West 2013). Recog-nizing that hotel operations and some other franchised industries measure performance byvariables, such as occupancy rates, besi......
  • Franchise Disclosure and Sales Compliance
    • United States
    • Franchise Law Compliance Manual, Second Edition
    • January 1, 2011
    ...agreement between the parties. Some states require a written agreement while others, such as Connecticut, permit an oral agreement. 15. 16 C.F.R. §§ 436.1 (2007) et seq., Bus. Franchise Guide (CCH) ¶ bri81013_02_c02_p063-230.indd 123 bri81013_02_c02_p063-230.indd 123 9/28/11 9:39 AM 9/28/11......
  • Where Did That Franchise Come From?, 0716 SCBJ, SC Lawyer, July 2016, #32
    • United States
    • South Carolina Bar Journal Nbr. 2016, November 2016
    • July 1, 2016
    ...Jameson III practices with Jameson Law LLC in Charleston, with a second office opening in New York City in August of 2016. Notes: [1] 16 C.F.R. § 436.1(v). [2] 16 C.F.R. § 436.1 (h). [3] See Fed. Reg. Vol. 44, No. 166, 49968 (Aug. 24, 1979) for exemptions to the franchise disclosure require......
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