16 CFR 436.10 - Other laws and rules

Cite as16 CFR 436.10
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10 practice notes
  • Colo. Coffee Bean Llc v. Peaberry Coffee Inc., No. 09CA0130.
    • United States
    • Colorado Court of Appeals of Colorado
    • April 1, 2010
    ...with this policy. See id. at 15444. 12. The FTC has since elevated this preemption language into the text of the amended rule. 16 C.F.R. § 436.10(b) (2007); see also 72 Fed.Reg. at 15537. 13. The commentary further addresses the question of preemption: Congress did not intend the Act to occ......
  • Part III
    • United States
    • Federal Register August 12, 2009
    • August 12, 2009
    ...the revised proposed Rule.\162\ \160\ 42 U.S.C. 17305. \161\ See, e.g., Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR 436.10(b). \162\ 74 FR at No commenters addressed preemption of state law. Accordingly, the final Rule adopts the preemption provision proposed in ......
  • Prohibitions On Market Manipulation and False Information in Subtitle B of Title VIII of the Energy Independence and Security Act of 2007
    • United States
    • Federal Register August 19, 2008
    • August 19, 2008
    ...by the proposed Rule.\147\ \146\ 42 U.S.C. 17305. \147\ See, e.g., Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR 436.10(b); Disclosure Requirements and Prohibitions Concerning Business Opportunities, 16 CFR 437 G. Section 317.5: Severability Section 317.5 of the pr......
  • Hanley v. Doctors Express Franchising, LLC, Civil Action No. ELH-12-795
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • February 25, 2013
    ...or greater protection" than the federal Franchise Rule, "such as registration of disclosure documents or more extensive disclosures." 16 C.F.R. § 436.10(b). Maryland has enacted such provisions, by way of the Maryland Franchise Law.Page 4 According to plaintiffs, the version of Doctors Expr......
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4 cases
  • Colo. Coffee Bean Llc v. Peaberry Coffee Inc., No. 09CA0130.
    • United States
    • Colorado Court of Appeals of Colorado
    • April 1, 2010
    ...with this policy. See id. at 15444. 12. The FTC has since elevated this preemption language into the text of the amended rule. 16 C.F.R. § 436.10(b) (2007); see also 72 Fed.Reg. at 15537. 13. The commentary further addresses the question of preemption: Congress did not intend the Act to occ......
  • Hanley v. Doctors Express Franchising, LLC, Civil Action No. ELH-12-795
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • February 25, 2013
    ...or greater protection" than the federal Franchise Rule, "such as registration of disclosure documents or more extensive disclosures." 16 C.F.R. § 436.10(b). Maryland has enacted such provisions, by way of the Maryland Franchise Law.Page 4 According to plaintiffs, the version of Doctors Expr......
  • Colorado Coffee Bean, LLC v. Peaberry Coffee Inc., Court of Appeals No. 09CA0130 (Colo. App. 2/18/2010), No. 09CA0130.
    • United States
    • Colorado Court of Appeals of Colorado
    • February 18, 2010
    ...with this policy. See id. at 15444. 12. The FTC has since elevated this preemption language into the text of the amended rule. 16 C.F.R. § 436.10(b) (2007); see also 72 Fed. Reg. at 13. The commentary further addresses the question of preemption: Congress did not intend the Act to occupy th......
  • Patel v. 7-Eleven, Inc., SJC-13166
    • United States
    • Massachusetts Supreme Judicial Court
    • March 24, 2022
    ..."[a] law is not inconsistent with 19 [the FTC Franchise Rule] if it affords prospective franchisees equal or greater protection." 16 C.F.R. § 436.10(b). Setting aside that compliance with the FTC Franchise Rule only requires certain timely disclosures, the franchisor's election to exercise ......
1 firm's commentaries
  • Taking The Leap: Bringing A Foreign Brand To The United States
    • United States
    • JD Supra United States
    • April 3, 2014
    ...can incorporate the comment responses in the documents prepared once it reaches its first annual renewal 63 See Note 39 above. 64 16 C.F.R. §436.10(b) “The FTC Rule provides that states may impose additional disclosure requirements.” following its next fiscal year end. It can then generate ......
1 books & journal articles
  • International Issues
    • United States
    • Mergers and Acquisitions of Franchise companies
    • January 1, 2014
    ...FundAmentAls oF internAtionAl FrAnchising (William Woods ed., 2d ed. 2012). 3. 16 C.F.R. § 436.2 (2013). 4. See supra note 3. 5. 16 C.F.R. § 436.10 (2013) (“The FTC does not intend to preempt the franchise practices laws of any state or local government, except to the extent of any inconsis......
4 provisions
  • Part III
    • United States
    • Federal Register August 12, 2009
    • August 12, 2009
    ...the revised proposed Rule.\162\ \160\ 42 U.S.C. 17305. \161\ See, e.g., Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR 436.10(b). \162\ 74 FR at No commenters addressed preemption of state law. Accordingly, the final Rule adopts the preemption provision proposed in ......
  • Prohibitions On Market Manipulation and False Information in Subtitle B of Title VIII of the Energy Independence and Security Act of 2007
    • United States
    • Federal Register August 19, 2008
    • August 19, 2008
    ...by the proposed Rule.\147\ \146\ 42 U.S.C. 17305. \147\ See, e.g., Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR 436.10(b); Disclosure Requirements and Prohibitions Concerning Business Opportunities, 16 CFR 437 G. Section 317.5: Severability Section 317.5 of the pr......
  • Business Opportunity Rule
    • United States
    • Federal Register December 08, 2011
    • December 8, 2011
    ...documents or more extensive disclosures.\478\ --------------------------------------------------------------------------- \477\ 16 CFR 436.10. This approach is consistent with other Commission trade regulation rules. See, e.g., Appliance Labeling Rule, 16 CFR 305.17; Cooling-Off Rule, 16 CF......
  • Prohibitions on Market Manipulation
    • United States
    • Federal Register April 22, 2009
    • April 22, 2009
    ...by the proposed Rule.''\217\ \215\ 42 U.S.C. 17305. \216\ See, e.g., Disclosure Requirements and Prohibitions Concerning Franchising, 16 CFR 436.10(b). \217\ 73 FR at Few commenters addressed preemption of state law. One commenter, MS AG, agreed that EISA does not preempt state law and urge......

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