Swipe Fee Settlement

We again remind our members and other Dunkin’ franchisees that the $5.7 Billion settlement between VISA and MasterCard and a number of merchant and trade organizations has been finalized by the US District Court.  The settlement stems from a 2005 class action lawsuit against the credit card giants on behalf of merchants regarding non-negotiable credit…

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Swipe Fee Settlement Finalized

Speaking of the CFA, we received a notice from them this week advising that the $5.7 Billion settlement between VISA and MasterCard and a number of merchant and trade organizations has been finalized by the US District Court.  The settlement stems from a 2005 class action lawsuit against the credit card giants on behalf of…

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US Supreme Court Denies Avis Appeal, Halcro Wins At Last

Just last month, the United States Supreme Court denied the final of many appeals filed by Avis Rent A Car against victorious 94 year-old Alaska Rent A Car franchise owner Robert Halcro.  His legal battles with Avis began back in 1973 while this final decision stems from a 2002 lawsuit he filed alleging  fraud, breach…

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“Charbucks” Beats Starbucks In Appeals Court Decision

A family-owned New Hampshire coffee roaster has prevailed in an 11 year old case of alleged trademark violation.  In Starbucks Corp et al v. Wolfe’s Borough Coffee d/b/a Black Bear Micro Roastery, the New York based 2nd US Circuit Court of Appeals ruled that Starbucks failed to prove that consumers would be confused by a…

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Attorney Makes Strong Case For Fair Franchising Laws

Attorney Ron Gardner, partner in the Minnesota based law firm of Dady & Gardner P.A. and a recognized expert in franchise law, makes a solid case for adoption of fair franchising laws across the country in a piece posted on the AAFD website.  Attorney Gardner is the counsel of record for the amicus curiae brief…

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Appealed Quebec Judgment Against Dunkin’ Still Awaiting Next Steps

Speaking of legal actions and by way of update, Dunkin’ Brands Canada LTD’s appeal of a $16.4 Million damage award in the Canadian  province of Quebec is still pending.  The case involved a suit brought by 21 Dunkin franchisees in Quebec who successfully argued that Dunkin’ was liable for the franchisees’ losses and had breached…

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Avon Hardware, et al v. Ace Hardware

The case of Avon Hardware, et al v. Ace Hardware is an Illinois lawsuit that has been appealed to the Illinois Supreme court. The case stems from a disclaimer in the Ace Hardware Franchise Agreement that states that the franchisee couldn’t rely on anything outside the franchise agreement. In considering the purchase of a franchise,…

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Section 4205 of the Affordable Care Act: New Menu Labeling Requirements

When it was signed into law on March 23, 2010, the Affordable Care Act (ACA), commonly referred to as Obamacare, mandated that “restaurants and similar retail food establishments with 20 or more locations list calorie content information for standard menu items on restaurant menus and menu boards, including drive-through menu boards. Other nutrient information—total calories,…

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New York City large-soda ban blocked by judge

(Reuters) – New York City’s ban on large sugary drinks from restaurants, movie theaters and other establishments was invalidated on Monday by a state judge as “arbitrary and capricious,” a day before it was to take effect. The 11-hour decision was a blow to New York City Mayor Michael Bloomberg, whose top lawyer quickly vowed…

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