E08: Personalized Marketing, The Legal Eye View of Franchising!

Hosts: Michael Hyam and Liane Caruso  
Guest: Lynne Shelton, Partner, Shelton Law Associates

This episode delves into franchise law, personalized marketing, and franchise development best practices, focusing on the significance of Item 19 in franchise agreements, the presence of unethical players in the industry, and the financial challenges faced by existing brands. 

The discussion also covers evolving privacy laws, the importance of protecting intellectual property, and the necessity for franchisors to conduct due diligence when using AI-generated content in marketing and creative works.

Podcast Summary: “Personalized Marketing and Data-Driven Decision-Making in Franchise Development”

KEY TOPICS DISCUSSED

Franchise Law and Best Practices

Item 19 Significance: Detailed insights on the role of Item 19 in franchise agreements, which provides financial performance representations to potential franchisees.

Bad Players in Franchising: Recognition of the existence of unethical franchisors and the importance of vigilance and due diligence to avoid them.

Financial Struggles: Discussion on the financial difficulties faced by existing franchise brands and strategies for overcoming these challenges.

Evolving Privacy Laws

Impact on Franchising: Exploration of how changing privacy laws affect franchise operations, particularly in terms of data collection and compliance.

Employee Consent: The need for obtaining employee consent for data collection through point-of-sale (POS) systems and other technologies.

Intellectual Property Protection

Safeguarding IP: There is a critical need for franchisors to protect their intellectual property in the digital age. With the rise of AI-generated content this is even more important.

Due Diligence: Importance of conducting trademark and copyright searches before using AI-generated images or content to avoid plagiarism and copyright violations.

Interested in listening to the podcast episode? Tune in on Spotify!