Gift cards and loyalty programs can be effective tools in generating sales, developing brand awareness, generating actionable customer data, and driving repeat business. When these programs are implemented on a single-store basis they fairly straightforward to administer. When rolled out through a network of independently owned franchised business, these programs require more attention and planning
Insights
Understanding Franchise Advertising Regulations
So, you have your Franchise Disclosure Documents (“FDD”) and other related agreements in order and ready to start selling your newly created franchise system. You may consider advertising through various channels with catchy promises of success and profits and slogans such as “Join the Franchise Frenzy: Your Ticket to Business Success Awaits!” or “Follow our…
NLRB Drops Joint Employer Rule Appeal
Federal labor regulators have finally dropped their efforts (for now) to expand franchisor liability for the employment policies and practices of franchisees as the National Labor Relations Board (the “NLRB”) has revealed that it will not appeal a federal court’s decision striking down the NLRB’s October 2023 rule.
For context— historically, there was a clear…
Due Diligence—What To Expect As A Seller
For most, the sale of a business is a new experience that requires sellers to learn many entirely foreign processes in a very short amount of time. The many steps to selling your business can be long and tedious, and chief amongst those steps in terms of length and tedium is due diligence. To those…
What to Make of the New FTC Franchise Guidance
The Federal Trade Commission (“FTC”) has taken a renewed interest in the Franchise Rule and the relationships between franchisors and franchisees. In March 2023, the FTC requested comments from franchisors and franchisees. On July 12, 2024, the FTC took three distinct actions to showcase some of what it learned from those comments and its current…
Franchise State Compliance
While franchising can be a powerful way to grow a brand, the complex and varied laws and regulations governing franchising can intimidate even the most experienced businessperson seeking to expand their business.
Over the past two decades, Manning Fulton has helped over 100 franchisor clients launch, grow, and protect their brands through franchising. We can…
FTC Increases Monetary Thresholds for Three Franchise Rule Exemptions
As provided for in the Amended Federal Trade Commission franchise rule, the FTC adjusts the monetary thresholds for three types of exemptions every four years based upon changes in the Consumer Price Index. Effective July 12, 2024, the exemptions amounts adjusted as follows:
- Sales where the buyer pays less than $735 (previously $615) within the
How To Become a Franchise Owner: A Brief Guide for Aspiring Franchisees
Have you ever contemplated owning a business? How about becoming a franchisee? This brief guide will provide insights, the typical steps, and timelines into becoming a franchise owner.
Understanding the Franchising Business Model and Its Perks
Franchising is a business model that permits individuals to operate their own business under a well-established brand. As a…
How the New FTC Rule Banning Non-Competes Affects Franchisors
In April 2024, the Federal Trade Commission (“FTC”) issued a new rule that broadly prohibited the use of non-competition agreements (“non-competes”) for workers. This rule goes into effect September 4, 2024, but is expected to be subject to significant challenges in court. While the landscape and timing for the rule is likely to continue to…
Finding a Balance Between Consistency and Innovations in Franchise Systems
When a customer walks into a franchise location in Seattle, Washington, does the customer have the same experience as it would when it visits a location in Miami, Florida? What about Lincoln, Nebraska? One of the hallmarks of franchising is that each franchisee is expected to operate in accordance with brand standards and deliver the…