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New Required Franchise Disclosure Document Cover Page(s)
Beginning January 1, a new cover page, or series of pages, is required for Franchise Disclosure Documents used in the United States. The change is currently in effect for would be franchisors that file an initial application and is effective for existing franchisors when they next file an amendment or renewal application.
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What Franchisors Need to Know About the California Consumer Privacy Act Effective January 1st
California’s new data privacy law, the California Consumer Privacy Act (“CCPA”), took effect on January 1st and may require franchisors and franchisees to update or add new data privacy policies and systems to mitigate the significant risk of monetary damage imposed by the new law. Any franchisor operating or franchising (or planning to operate or franchise) in California should examine whether the CCPA may apply and, if so, take the appropriate steps to ensure compliance and minimize the risk of a data breach. The CCPA, which regulates the collection and sharing of data about California residents, applies to any franchisor doing business in California who satisfies any of the following thresholds: (i) annual gross revenues of $25 million or more; (ii) buys, receives, sells, or shares personal information of at least 50,000 California residents, households or devices annually; or (iii) derives a minimum of 50% of annual revenue from selling California residents’ personal information. These thresholds must be satisfied by a sole entity and the statute’s terms do not permit aggrieved consumers to combine franchisor and franchisee revenue to satisfy the threshold requirements. Franchisors should be cautioned, however, that aggressive consumers and their counsel may take advantage of certain vague definitional terms to push for a broader, but misguided, construction covering the entire franchise system.
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News
Larkin Hoffman has launched the Travel Technology Newsletter, which features insights on the technologies that power the travel industry and on leisure and group bookings from attorneys with substantial expertise in the travel and hospitality field, including in-house counsel from leaders in the industry. Topics covered will include online booking systems, online search services, global distribution systems, property management systems, central reservation systems, revenue management systems and other technologies and services unique to the travel industry, with an emphasis on legal and contracting concerns unique to those particular systems and services. You can view current and past issues of the newsletter and subscribe to future ones by clicking here.
Chuck Modell, Joe Fittante, and Sawan Patel have been listed in The Who’s Who Legal: Franchise 2019. The list is made up of franchise attorneys identified through comprehensive and independent surveys of peers in both general counsel and private practice positions worldwide. By receiving this honor, these three Larkin Hoffman attorneys are recognized among six hundred of the leading franchise lawyers in the world.
Larkin Hoffman Client Anytime Fitness Now on All 7 Continents
With the launch of its Antarctica gym, long-time Larkin Hoffman client Anytime Fitness has become the first and only franchise with locations on all seven continents. When Larkin Hoffman began working with Anytime Fitness about a dozen years ago, it had fewer than 100 locations. Today, Anytime Fitness has more than 4,000 locations and is regularly recognized as one of the top franchise systems in the world. Congratulations to Chuck Runyon, Dave Mortensen, and all of the Anytime Fitness team, both at corporate headquarters and in each franchised club, on their continued remarkable achievements.
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Community Service
Annual Bake Sale Proceeds Donated to Local Charities
Larkin Hoffman’s employees held their Annual Bake Sale fundraiser on December 3, 2019. The proceeds from the Annual Bake Sale went to three local charities: Holidays Helpers in Blue, the Bloomington Remembers Veterans Memorial, and Living Well Disability Services. Each year, the Holiday Helpers in Blue select 20 Bloomington children who have experienced trauma or are low income, partner them with a Bloomington Police officer, and provide them with funds to go holiday shopping for themselves and their families. The City of Bloomington has pledged to provide land for the Bloomington Remembers Veterans Memorial commemorating all veterans and their families of past, present and future military conflicts, and its construction is being funded by contributions from local businesses, residents, and others. Living Well Disability Services delivers services to people impacted by intellectual, developmental, and physical disabilities.
Franchising with Larkin Hoffman
If you are interested in franchising your business or would like to know more about franchising, please visit our website for additional information and resources.
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Winter 2020
Our Professionals
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Charles Modell, CFE
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Joseph Fittante, Jr.
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Mark Robertson
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James Susag
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Susan Tegt
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Sawan Patel
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Inga Schuchard
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Bryan Huntington
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Henry Pfutzenreuter, editor
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Jill Henson
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