Franchisee says she alerted Subway about concerns regarding Jared Fogle and minors in 2008

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Jared Fogle leaves court on Aug. 19, 2015

NEW YORK (AP – Aug. 28, 2015) — A former franchisee alerted a Subway advertising executive in 2008 about her concerns about pitchman Jared Fogle, according to her lawyer.

Cindy Mills exchanged phone numbers with Fogle after they met at an event, said Robert Beasley, a lawyer who represents Mills.

“In the beginning I thought Subway was handling it very well, they took the strategy of the less you say the better,” said Lorraine Ball.

Ball is a brand expert and the owner of RoundPeg Marketing.

“Now we are starting to see allegations that maybe they knew more, maybe they didn’t know more,” said Ball

After Fogle began talking about paying for sex with minors, Beasley said Mills alerted a regional Subway contact in Florida where she is based. Later, she alerted Jeff Moody, who was in charge of the Subway Franchisee Advertising Fund Trust, he said.

Mills explored legal action against Subway, but Fogle wasn’t an employee of Subway. He worked for the advertising branch of the company—a completely separate business.

“Even though they are connected they are separate legal entities. With separate contracts, separate decision makers andseparate liabilities,” said Antony Page, the Vice Dean at the IU Mckinney School of Law.

Page also specializes in corporate law.

“Just being able to bring Subway back into the case is very different from actually finding Subway liable,” said Page.

Page expects law suits against Subway, however, he says it will be an uphill battle to bring down Subway in court.

“One would have to show that what Subway did somehow was negligent and led to the harm in question. There’s not much connection between Subway and the procurement of child prostitutes,” said Page

Subway did not respond to a request for comment Thursday.

The company has previously said it does not have a record of Mills’ complaints, which were previously reported by Business Insider. The publication initially kept Mills’ identity anonymous at her request, but identified her Thursday.

The associated press contributed to this report

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