Dealer Says Thomas Kinkade’s Contracts Are Unconscionable

SAN JOSE (CN) – Another dealer has sued The Thomas Kinkade Co., claiming the “Personal Guaranty” provision of its dealer agreement is “unlawful, unfair, fraudulent and unconscionable.”



David Kayne claims Kinkade and his co-defendant Media Arts Group are trying to “extract” $554,605 from him. He claims Kinkade’s agreements, which require each dealer to buy at least $100,000 of art product per year per store and to sell at least $200,000 per store, contain an “expedited” arbitration provision that precludes dealers from calling witnesses or conducting discovery. Kayne, and others in previous lawsuits, claim Kinkade is flooding the market with his mass-produced, syrupy sweet paintings. Represented in Federal Court by Holland & Knight, he demands an injunction and a declaration that Kinkade’s contracts are fraudulent and unfair. See complaint.

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