Heintz v. Jenkins: an analysis of the decision, its effect upon litigation and suggestions for avoiding FDCPA violations in its aftermath

Article Abstract:

The US Supreme Court ruled in Heintz v. Jenkins that the Fair Debt Collections Practices Act (FDCPA) applies to attorneys regularly engaged in debt collection litigation. Attorneys were exempt from the FDCPA when it was enacted in 1977, but the statute was revised in 1986 to cover attorneys. Until the Heintz decision, it was still uncertain whether attorneys litigating collection actions would be covered. The FDCPA imposes restrictions on collections communications with consumers and provides remedies if abusive tactics are used. The Supreme Court opinion and petitioners, respondents and four amicus curiae briefs are included.

United States, Cases, Attorneys, Lawyers, Collection law

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Restrictions on the termination of franchise agreements - a foreigner's view

Article Abstract:

Restricting the ability of a franchisor to terminate a franchise agreement is not the correct way to address the risks to franchisees posed by the franchisor's right to terminate. Review of franchising and franchise law in Switzerland and the US reveals that franchise agreements provide a complex mix of rights and benefits that provide certain advantages to both sides of the franchise agreement. Restricting the franchisor's ability to make an economically efficient decision would not be as sound as offering franchisees other protections, such as assignment rights or disclosure.

Lessors of Nonfinancial Intangible Assets (except Copyrighted Works), Patent owners and lessors, Franchising, Switzerland, Discharge of contracts, states

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Comment on proposed U.S. franchise legislation: a search for balance

Article Abstract:

Two proposed franchise laws need changes although they are a good start for protecting the rights of franchisers. The Federal Franchise Disclosure and Consumer Protection Act (FFDCPA) imposes excessive risks and burdens on franchisors. The Federal Fair Franchise Practises Act (FFPA) restricts franchisors too much. The FFDCPA covers the sale of franchises, while the FFPA covers relations between franchisor and franchisee.

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