July 12 (Reuters) - A U.S. trade regulator on Friday
announced a suite of actions taking aim at "unfair and deceptive
practices" it said are illegally imposed on U.S. franchisees by
their brand owners, such as requiring new fees not outlined in
franchise contracts, or using contract provisions to discourage
franchisees from speaking with regulators.
The U.S. Federal Trade Commission's declaration that
these practices are illegal did not name any specific companies
as being in violation of the law, but in doing so it took a
stance on issues that have inflamed tensions in recent years
between companies and operators at major brands like McDonald's
and Subway.
"Franchising is a chance for Americans to build a
business," said FTC Chair Lina Khan in a statement. "But the FTC
has heard concerns about how unfair franchisor practices, like a
failure to fully disclose fees upfront, go unreported thanks to
a fear of retaliation."
The International Franchise Association, a trade group
that speaks on behalf of franchising companies, criticized the
FTC's actions on Friday as "contrary to the reality that the
vast majority (of) franchise relationships are working and that
franchising continues to grow each year."
Among the actions taken by the FTC was issuing a policy
statement warning brand owners that it is illegal to discourage
franchisees from speaking with regulators about unfair practices
or potential law violations through non-disparagement contract
clauses, or any threat of retaliation.
Relatedly, the agency said it was soliciting a new round
of comments from franchisees, brand owners and other
stakeholders.
The agency also released new guidance that prohibits
"undisclosed junk fees" -- echoing language used to describe
hidden fees imposed on consumers -- that brand owners charge to
franchisees, but which are not outlined in franchise contracts.
As an example, the FTC said brand owners sometimes introduced
these costs through on-the-fly changes to the operating manual,
a sort of rulebook that franchisee owners must abide by to stay
in compliance with their brand owners.
In response to a request for public comments on
franchisor business practices last year, the agency received
5,200 comments, including some from McDonald's franchisees.
The National Owners Association, comprised of several
hundred McDonald's franchisees, said in its comment that "the
current climate is dictatorial and there is zero room for
negotiation" with McDonald's. The burger chain unilaterally
imposes new costs on franchise owners by making changes to the
McDonald's operating manual, then uses non-disparagement clauses
to silence critics, said the franchisee advocacy group, which
formed in 2018.
Asked for comment, McDonald's referred Reuters to the
International Franchise Association's statement.
The FTC said the number of franchise-related complaints
submitted to the agency had increased significantly over the
past three years, citing an analysis by the U.S. Government
Accountability Office published last year.
"Today the Commission is making clear that contractual terms
prohibiting franchisees from reporting potential law violations
to the government are unfair, unenforceable, and illegal," the
FTC statement said.