Outlaw gag orders. Outlaw gag orders.

In the spring of 2000, a committee of the Ontario, Canada government held public hearings to see if there was a need for our first franchise law.

This was the stated reason. The real reason was the franchise industry wanted a weak law [McLaw] to bolster their shady reputation. Big Franchising gets what it wants from governments.

I gave expert witness testimony [.pdf] to the Standing Committee on Regulations and Private Bills. We had 4 full days of traveling hearings with about 40 witnesses in total.

I tagged along with the 13 provincial politicians as an unpaid industry resource ot a member, Mr. Tony Martin from Sault Ste Marie.

In the next little while, I will be bringing forward some of the testimonies that I found compelling.

I would encourage everyone in Australia to contribute to the national inquiry.

  • When I was asked if I had one wish, what would I wish for. This is the answer I gave: Outlaw gag orders. Outlaw gag orders.

“Agreements” and Tactical Litigation

  1. Confidentiality agreements are almost always coerced. In many cases, the value of any dispute settlement is largely in silencing the individual to avoid piling on [many other similar claims coming forward].
  2. Franchisee dissenters are increasingly becoming the target for lawsuits designed simply to stop them from communicating [especially on the internet] by driving them into economic poverty.

I am not alone in thinking that silencing people is an evil independent of any other act. The greatest lies are told by those unable to speak.

Well has it been said that there is no grief like the grief which does not speak. Henry Wadsworth Longfellow

Servants should not only show a servile disposition, but it is quite as imperative that they should show a trained conformity to the canons of conspicuous subservience. Thorstein Veblen

All the powers in the universe are already ours. It is we who have put our hands before our eyes & cry that it is dark. Swami Vivekananda

If all mankind minus one were of one opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind. John Stuart Mill

It is the nature of slavery to render its victims so abject that at last, fearing to be free, they multiply their own chains. You can liberate a freeman, but you cannot liberate a slave. Jawaharlal Nehru

One Response to Outlaw gag orders. Outlaw gag orders.

  1. Carol Cross says:

    The “gag order” in the CONFIDENTIAL contract of the fire- sale-transfer of assets of failed first-owner franchisees to second-generation franchisees must NOW be revealed to new buyers under the US FTC Rule but the “gag” itself in the “confidential agreement” remains legal and enforceable in the courts under the law of contracts.

    Disclosure by the franchisor to new buyers of those refererenced franchisees who have transferred their units, and who have been gagged by confidentiality agreements will serve what purpose? The franchisors under the new rule now have to provide only small sub-sets of franchisee references, I believe, to present the appearance of providing information on which new buyers can conduct due diligence concerning risk and rewards of the investment.

    Is this further protection of the franchisor under the guise of greater disclosure to the prospective buyer, or will this new rule in any way really help new buyers? Will the franchisors be under pressure NOT to gag their first-owner franchisees who fire sale-transfer their units at great loss when they fail to thrive?


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: