Advisory Opinions

FTC staff issue advisory opinions to help clarify FTC rules and decisions, often in response to requests from businesses and industry groups. To find a specific opinion, use the filters on this page.

Opinion 97-2

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.

Opinion 96-4

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.

Opinion 96-5

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.

Opinion 96-2

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.

Opinion 96-1

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.

Opinion 95-10

Applicability of the Franchise Rule to vending machine manufacturers and independent marketing companies. An exhaustive discussion of the coverage issues arising in the sale of business opportunity ventures.

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