Discusses Funeral Rule's requirements for itemization of charges, disclosure of service charges, and whether a private right of action exists under the Rule.
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Discusses the circumstances under which, in providing earnings information to loan processing officials at lending institutions to assist prospective franchisees in obtaining loans, franchisors may not be obligated to provide earnings claim disclosures.
Applicability of the fractional franchise exemption to a rehabilitative services franchise licensed to two types of medical providers.
Discusses the conditions under which disclosures required by the Franchise Rule may be provided to prospective franchisees on a computer diskette.
re: Network of ambulance and ambulette services providers
re: Network of ambulance companies
Opines that funeral provider’s refusal to accept delivery of a casket purchased from a third-party casket seller would violate the funeral rule.
Advises that the funeral rule does not permit a funeral provider to require a family’spresence for delivery of a casket purchased from a third-party casket seller.
re: Cooperative of oral and maxillofacial surgery practices
Apparent applicability of the Franchise Rule to a joint venture and license agreement. Discusses the ineffectiveness of transfers to affiliated companies of ownership of the mark and of franchisee waivers to avoid coverage or compliance obligations.
Inapplicability of the Franchise Rule retroactively where the parties anticipated at the time of the purchase that the Rule would not apply because the only required payments were deferred until at least six months after the business opened. Concludes that the result does not change if the franchisor sues the franchisee for breach of contract for failure to open on schedule.
re: Sales of pharmaceuticals by non-profit hospital to unaffiliated, non-profit hospice
re: Survey of hospital prices by third-party consultant
re: Sales of pharmaceuticals by non-profit medical center to retired employees
re: Sales of pharmaceuticals by non-profit medical center to medical center operated clinic
Apparent applicability of the Franchise Rule to mobile food and soft drink trucks identified by a common name. Discusses significant control and required payment elements.
re: Laboratory services
re: Sales of pharmaceuticals by non-profit hospital to related non-profit clinics
Apparent applicability of the Franchise Rule to a commercial real estate affiliation program. Discusses in detail the likely availability of the fractional franchise exemption to the affiliation arrangement.
Apparent applicability of the Franchise Rule to a log cabin distributorship. Discusses the criteria for coverage of product franchises, including the required payment element, and the fractional franchise exemption.