Keith R. Miller

Senator Cortez Masto Introduces SBA Franchise Loan Transparency Act

Today, July 31, 2019, Senator Cortez Masto (NV) introduced S.2383, The Small Business Administration Franchise Loan Transparency Act of 2019.  I personally want to thank the Senator and her staff for their efforts to protect franchisee interests. You can read her press release here. For my testimony in advance of this legislation being introduced, watch …

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Keith Miller Testifies at United States Senate Banking Subcommittee Hearing

On March 17, 2019, Keith Miller, Principal, Franchisee Advocacy Consulting, testified at the United States Senate Banking, Subcommittee on Economic Policy hearing titled, “Economic Mobility: Is the American Dream in Crisis?”  I discussed some of the obstacles in franchising that hamper the efforts to realize the American Dream, concentrating on the lack of financial transparency …

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Max Muscle® Franchise Owners form Independent Association

March 26, 2019 – Today, franchise owners of Max Muscle® Nutrition have announced the formation of Max Independent Franchise Owners Association (MaxIFOA, Inc.), a self-funded alliance to represent their interests with the South Dakota-based company. The organization, while working with Max Muscle Nutrition®, will be a unifying voice of franchisees, focusing on franchisee profitability while …

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Liquidated Damages Clauses – Franchising’s Unethical Hammer

The franchise industry is unique in so many ways, but that is not always good.  For most, buying a franchise, next to buying their home, is the biggest investment they will make.  Unlike all other investments they make, they risk everything in buying a franchise, every asset they own, and then some.  You ask, how …

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Can Dickey’s BBQ Franchise Owners Survive? Franchisees Claim They Received Misleading Numbers

Franchise owners of Dickey’s BBQ are closing at an alarming rate. Why is this, and can a franchise owner really make a profit owning a Dickey’s BBQ? Despite this, up to now, the franchisor has continued to sell a high number of new franchises. Can they continue that pace and keep their financials strong? And, …

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Is Dickey’s BBQ Franchising’s Next Quizno’s? 28% Systemwide Churn

It’s not easy to forget the Quizno’s saga.  Once one of the darlings of the franchise industry, growing through franchising to nearly 5,000 locations, but today, just under 400 in the United States.  Many franchisees lost everything (investments, savings, their home), and as stores closed, eventually the franchisor filed for bankruptcy protection.  Yet, has the …

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NLRB Rejects McDonald’s Settlement Deal in Joint Employer Case

Nice article by Janet Sparks. See my quote at the end of the article. Blue MauMau – by Janet Sparks, August 29th, 2018 The long-awaited decision from the National Labor Relations Board finally came last month when the NLRB judge issued her decision rejecting proposed settlement agreements from McDonald’s Corporation [NYSE:MCD] surrounding claims by fast …

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Franchisees, Is Your Operations Manual Changing Your Franchise Agreement?

As franchise owners, we all sign franchise agreements that set the terms and conditions of our business, and the relationship with our franchisor. Most of those franchise agreements contain a condition that you will follow the then current Operations Manual. While it is understandable that the Ops Manual must change, a new sandwich is introduced, …

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