|
Can the Government Help?
If you think your franchisor has violated a law, or acted unfairly or deceptively, you
may be able to obtain redress through a state or federal agency. Below is a list of states
that you can use to start the process. First you have to file the complaint, and allow
your state regulator time to read and respond to your complaint. Once they have decided it
is a legitimate complaint, they will notify you and let you know what to do next.
Remember, you must have evidence that the franchisor has
been unfair to you -- without evidence there is no case.
You will need a reader such as Adobe Acrobat to view most of these forms.
Click here to download:
Acrobat Reader
ILLINOIS -
Consumer Complaint Form
|
Springfield Office
500 S. Second St.
Springfield, IL 62706
(217) 782-1090
TTY: (217) 785-2771
|
Chicago Office
100 W. Randolph St.
Chicago, IL 60601
(312) 814-2503
TTY: (312) 814-3374
|
Carbondale Office
1001 East Main Street
Carbondale, IL 62901
(618) 529-6400/6401
TTY: (618) 529-6403
|
MARYLAND -
Complaint
Form or securities@oag.state.md.us
|
Maryland Office of the Attorney General
ATTN: Dale Cantone
200 St. Paul Place
Baltimore, MD 21202
410-576-6300
|
VIRGINIA -
Securities and Franchise Complaint Form or
SEC_General@scc.state.va.us
The State Corporation Commission
Securities and Retail Franchising
ATTN: Brian Silverman
P.O. Box 1197
Richmond, Virginia 23218
Phone: (804) 371-9051 |
WASHINGTON
State
-
Complaint Form
|
Washington Department of Financial
Institutions
ATTN: Martin Cordell
PO Box 41200
Olympia, WA 98504-1200
Phone:(360)902-8700
Fax: (360)586-5068
|
FEDERAL TRADE COMMISSION
Case Selection Consideration
-
Is there an allegation of a violation of law enforced by the
FTC?
-
Is the alleged violation within the applicable statute of
limitations?
-
Does the problem appear to be an isolated event or part of a
pattern or practice?
-
What is the likely level of consumer injury?
-
Is a law enforcement action viable?
-
Are the alleged violations close to the statute of
limitations?
- Can witnesses be located? Are they willing to cooperate? Is
their testimony persuasive (i.e. memory, perception, bias).
-
What other evidence exits that the law violation occurred? Are
documents available and complete? Can they be authenticated?
-
In a civil penalty action, can the Commission prove
"actual knowledge or knowledge fairly implied (Section 5(m)(1)(A))?"
-
Is there a viable, meaningful remedy?
-
Does the company have assets? Can it make redress or pay a
civil penalty?
-
What would be the deterrent effect on the company and on other
franchise systems?
-
In a civil penalty action, how would a court consider the
Section 5(m)(1)(A) factors: degree of culpability, prior history, ability to pay, effect
on ability to continue to do business and "other matters as justice may
require." What about harm to non-injured, existing franchisees?
-
What are the litigation risks?
-
What are the resource requirements and competing law
enforcement objectives?
-
Are there alternatives to federal intervention?
-
Can the franchisee(s) sue under state law for fraud,
misrepresentation or breach of contract?
- Is the matter appropriate for a referral to state authorities
or to the FTC’s alternative law enforcement program?
If you feel that after reading the above that your issue will be acceptable by FTC
standards, you must fill out a
Bureau of Consumer Protection Complaint Form.
|
