As readers of this column are aware, one of the driving forces behind enactment of both the FTC Franchise Rule (16 CFR Part 436) and state franchise registration/disclosure laws was seemingly pervasive fraud invading the franchise arena as franchising matured in the 1960s and 70s.

Quite frequently, franchise fraud took the form of criminals utilizing slick brochures and travelling from town to town falsely representing the vast revenues and profits which inured to their franchisees (in many if not most instances, there were no franchisees whatsoever and the “franchise” being offered was bogus and non-existent).

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