The people who sell and operate the franchising for SUBWAY RESTAURANTS, a private company called DOCTOR'S ASSOCIATES INC. VIOLATED a consumer protection law of the STATE OF NEW YORK called NYS. GBL 349 referred to as DECEPTIVE ACTS OR PRACTICES UNLAWFUL! This is a nightmare story about a corporation that believes it is ABOVE THE LAW! Due to their healthy food advertising I wanted to buy into the SUBWAY RESTAURANT FRANCHISE BUSINESS.
I found a franchise for sale and negotiated a deal. Before I could officially become a franchisee I had to take some basic math and English tests and fork over $7,500 to SUBWAY CORPORATE HEADQUARTERS. That was the initiation fee required by SUBWAY to have them train me to properly run their franchise. I was invited up to MILFORD, CT. to participate in their training, a two week program. Although I had a 99 average in their program after 8 days of training, they told me that I was dismissed from their program because of perceived problems with me on their part.
The problems could be easily summed up. They did not like that I ran exotic dancers. Although I was retiring from that profession they insisted that I was not SUBWAY MATERIAL. Let me set the record straight. I have NEVER BEEN CONVICTED OF A FELONY! I was a very high profile individual and was a studio guest on many national television programs such as: THE O'REILLY FACTOR, HANITTY & COLMES, JUDITH REGAN TONIGHT, etc. I informed the people from SUBWAY that I would report them to the media if they continued to discriminate against me.
To make a long story short they allowed me to complete my training through a book they gave me. They said if I could pass the open book final with a score of 80 I would be a franchisee although I could not step foot on SUBWAY HEADQUARTERS and I COULD NOT COMPLETE THE TRAINING COURSE WITH MY CLASSMATES! I believe they handled me in this way to INSURE THAT I WOULD BE IMPROPERLY TRAINED AND THEREFORE LIKELY TO VIOLATE COMPANY RULES AND PROCEDURES.
A good example of my planned failure was the fact that after PASSING THE FINAL EXAM WITH THE MINIMUM SCORE OF 80 I WAS NOT MADE AWARE OF ERRORS I MADE ON THE TEST. I didn't know what I did right or what I did wrong. This final exam did not include store decor, advertising, etc. This was convenient for their scam since those topics were discussed in the class room training that I had been excluded from.
They let me purchase my franchise for $190,000 and put me and my totally inexperienced crew into the franchise located at 2708 East Tremont Avenue in the Bronx, NY.. The crew I hired knew nothing about running a SUBWAY RESTAURANT and neither did I. For the first week SUBWAY VETS were sent in to run things. My development agent, JOHN MUSCO was in charge and supplied the help. We didn't even know how to transmit sales to the home office because that was covered in the class room training that I was excluded from.
I had no experience with restaurants and was lost. JOHN MUSCO exploited that fact in three months time when he began to write my franchise up for every violation he could think of. The s**t hit the fan on MARCH 10th, 2008 when I received three different termination notices. Two addressed the fact that we were behind on our rent. This occurred because we took over during the slowest period of the year--the winter and holiday months of NOVEMBER and DECEMBER.
I of course did not know about the down turn in business during this period since that must have been covered during class room training that I was excluded from for almost a week of the two week program. I also received a termination notice for improper uniforms, signage, decor, and advertising--again things covered in the class room training I was excluded from. The notices said I had 10 days to remedy and get caught up with the rent or be disenfranchised. The decor and uniform violations said I had 60 days to remedy those issues.
I was most concerned with getting caught up with the rent since I only had 10 days to do it. I intended to correct all the violations in a timely manner but was DUPED INTO FOLLOWING A DIFFERENT COURSE OF ACTION! YOU SEE THE NEXT DAY, MARCH 11TH, 2008 I RECEIVED A NEW REGISTERED LETTER FROM THE LEGAL DEPARTMENT OF SUBWAY HEADQUARTERS IN MILFORD, CT.. THIS FEDERALLY EXPRESSED LETTER THAT WAS CARBON COPIED TO SUBWAY'S ARBITRATION ATTORNEY, DARA SOLAN & JOHN MUSCO (MY DISTRICT REP.)
SAID THAT I SIGNED AN AGREEMENT, AFTER THE ALLEGED PROBLEMS THAT OCCURRED WITH ME DURING TRAINING, THAT SAID IF I CONTINUED MY "BAD BEHAVIOR" I WAS TO BE TERMINATED EFFECTIVE IMMEDIATELY. THE LETTER LOOKED LEGIT TO ME AND I THOUGHT THAT SPENDING CLOSE TO $15,000 TO GET CAUGHT UP ON THE RENT FOR A FRANCHISE THAT I WAS TERMINATED FROM WOULD BE A COLOSSAL WASTE OF MONEY. I FIGURED PAYING THAT BACK RENT WOULD BE THE EQUIVALENT OF BURNING MY MONEY SINCE SUBWAY STATED THAT I WAS NO LONGER A FRANCHISEE AND THAT THIS NOTICE SUPERSEDED ALL OTHER WARNING OR REMEDY LETTERS.
I felt compelled to abandon my SUBWAY activities and spend that $15,000 plus about $35,000 more to continue in business down the street as a deli-ice cream shop. I would never have made this move if I did not receive that registered letter from SUBWAY'S LAW DEPARTMENT! AS YOU MIGHT HAVE GUESSED I WOULD LATER FIND OUT THAT I NEVER SIGNED ANY OTHER AGREEMENT WITH SUBWAY BUT THE FRANCHISE AGREEMENT I SIGNED IN MY LAWYER'S OFFICE IN THE BRONX AT THE BUSINESS CLOSING.
About a month and a half later my new deli-ice cream shop was ready for business and I returned to my old SUBWAY FRANCHISE to move my SUBWAY equipment down to the new store. I WAS THEN APPROACHED BY JOHN MUSCO WHO DEMANDED THAT I SELL HIM MY FRANCHISE. I WAS STUNNED WHEN HE TOLD ME THAT HE WANTED TO BUY MY PLACE. A BELL SUDDENLY WENT OFF IN MY HEAD WHEN I PROCESSED THE THOUGHT OF HIM WANTING TO BUY MY STORE. I THEN ASKED HIM IF I REALLY SIGNED THAT AGREEMENT THAT SUBWAY'S LAW DEPARTMENT REFERRED TO WHEN THEY TERMINATED ME ON MARCH 11TH, 2008--EFFECTIVE IMMEDIATELY.
HE SMIRKED AND SAID, "NO. BUT THAT'S WATER UNDERNEATH THE BRIDGE NOW BECAUSE I DIDN'T REMEDY MY PROBLEMS WITHIN THE TIME ALLOTTED AND THEREFORE BROKE THE FRANCHISE AGREEMENT I DID SIGN." HE THEN OFFERED TO BUY MY FRANCHISE FOR $100,000 or HALF OF WHAT I PAID FOR IT BACK IN NOVEMBER 2007. I TOLD HIM CRIME DOESN'T PAY AND THAT I WAS GOING TO SUE HIS DISHONEST COMPANY AND MOVE MY EQUIPMENT TO MY NEW STORE FRONT. HE SAID HE WASN'T WORRIED AND TOLD ME THAT I WOULD BE VERY SORRY IF I TRIED TO MOVE THE SUBWAY EQUIPMENT ANYWHERE ELSE.
I WAS SORRY SINCE SUBWAY THEN DEMANDED THAT I ATTEND SOME FARCE OF AN ARBITRATION UP IN CONNECTICUT. SUBWAY THOUGHT THEIR SCAM WAS COVERED BY THEIR MANDATORY ARBITRATION CLAUSE IN THEIR FRANCHISE AGREEMENT. THAT WOULD BE MOST LIKELY TRUE IF SUBWAY'S FALLACIOUS REGISTERED LETTER WAS NOT CONSIDERED A "DECEIPTFUL ACT OR PRACTICE IN THE COURSE OF BUSINESS". THAT FRAUDULENT INDUCEMENT ON SUBWAY'S PART BROKE NYS GBL 349.
I HAVE THE RIGHT TO BRING THEM TO TRIAL TO RECOVER MY DAMAGES AND SO DOES THE ATTORNEY GENERAL OF THE STATE OF NEW YORK. ALL OF THIS WAS DONE TO PURCHASE MY RESTAURANT FOR HALF PRICE SO THEY COULD SELL IT TO SOME UNSUSPECTING FOOL FOR FULL MARKET PRICE. SUBWAY HAS RUINED THE LAST 5 YEARS OF MY LIFE BY PLAYING THEIR GAME ON ME. TO ADD INSULT TO INJURY SUBWAY SUED ME IN FEDERAL COURT FOR TRADEMARK INFRINGEMENT BECAUSE I WOULDN'T COOPERATE WITH THEIR SCAM. AND THEY HAD THE NERVE TO USE THE BOGUS ARBITRATION RULING FROM CONNECTICUT AS THE FOUNDATION OF THEIR TRADEMARK INFRINGEMENT CASE.
THERE'S A LOT MORE I COULD SAY BUT THOSE ACCUSATIONS CAN'T BE PROVED. BUT AFTER NOT COOPERATING WITH SUBWAY'S SCAM MY NEW RESTAURANT WAS DESTROYED THROUGH VANDALISM A COUPLE MONTHS LATER. AND LET'S NOT FORGET THAT I WAS LURED TO SLEEPY HOLLOW, NY. THROUGH MY OLD EXOTIC DANCING BUSINESS AND SHOT TWICE FOR NO APPARENT REASON. THREE MASKED MEN WERE INVOLVED AND A FEMALE CALLING HERSELF JESSICA, WHO SET UP MY DATE WITH DESTINY. IF THIS WAS THE KENNEDY ASSASINATION SUBWAY WOULD HAVE BEEN THE NUMBER ONE SUSPECT. SCAM FRESH!