TSFA's Open Letter to Quiznos' CEO Brenneman
DENVER (Blue MauMau) - On March 14, CEO Greg Brenneman made his weekly voicemail announcement to franchisees as a "State of the Quiznos System." But on Friday, the Toasted Subs Franchisee Association challenged his remarks in a letter (attached below), asking him for clarification on some of the claims made. The letter was received anonymously by Blue MauMau. Not only do they question the company's past assertion that franchisee profitability is up 60 percent and that many costs are down, but also his remarks regarding litigation. "Mr. Brenneman, we are also concerned about your attempt to belittle franchisee effort to pursue their rights in the court system." They remind him that he was "brought in" as a direct result of the lawsuits and the efforts of the TSFA.
Questions Quiznos' Calculations on Costs, Rebates
The TSFA letter raises a number of issues regarding Quiznos' method of calculation when determining cost reductions and discounts stating, "This apples-to-oranges comparison is confusing and deceiving." But the independent association goes farther than that in questioning Brenneman's claims that as commodity costs have increased over 10 percent this past year, Quiznos has been able to bring prices down on their "market basket of goods." They present the company with a spreadsheet comparing food prices from December 2006 to March 2008, showing the actual price of food has gone up.
While Brenneman claimed in his voicemail that 100 percent of cash rebates from food and paper vendors are returned to the franchise owners, TSFA questions if that includes all vendors or just independent third party vendors. They ask how much markup on products by American Food Distributor (AFD), a main vendor owned by Quiznos, is given back to franchisees, and how much profit is the company making on those markups.
TSFA also questions the company's claims that their pricing is "very, very competitive," wanting to know what it is based on, and asks, "How do you know these things such that you can represent them as fact to the nearly 5,000 Franchise Owners in the United States." Other issues raised are concerning costs on music and bookkeeping services, as well as delivery start-up costs that increase the cost and liability for franchisees.
Brenneman Scolded for Company's Litigation "Spin"
In its letter, the TSFA reminds Brenneman that litigation doesn't just happen. ". . . it becomes necessary only when one party . . .chooses to act with legal indifference to the rights of the other party." The franchisee letter chastises him, and executive counsel Rich Emmett and its PR firm, for "spinning" what the class action lawsuits are all about, saying their efforts are unprofessional and undermines Brenneman's January 2007 "posture as a voice of change at Quiznos." They state, "The hundreds of stores that close every year are more damaging to the brand than any story about litigation in the press."
In closing, TSFA also reminds Brenneman that he was brought in to bring accountability to corporate Quiznos, and "to clean house." In their letter they also remind him he had acknowledged early on that food costs, as a percentage of revenues, were out of line, that there was a lack of communications with franchise owners, and menu and operations systems were overly complicated.
Although TSFA does agree with Brenneman on his voicemail assessment that "we still have a long way to go," it gives its concerns that Quiznos' one-way, one-sided line of communications does not fix the problems. "These voicemails have turned into more of a sales pitch rather than the informational tool they were meant to be in the first place. We only hope you have the courage to honestly answer these questions and share them with all Franchise Owners on MyQuiznos.com."
Blue MauMau expects a response from Quiznos regarding the TSFA's letter, and will publish it upon receipt.
| Attachment | Size |
|---|---|
| TSFA Letter to CEO Brenneman.pdf | 518.85 KB |

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It's going to take
more than a letter to clean up what the Schadens have created. A mess in the franchise world. Wish I knew the scoop on them before I went into business. I would of ran away from it. Like I would advice anyone going in the franchise world knowing they are connected with it , run don't walk.
Bravo
THANK GOD there is an organization like the TSFA to ask the
"HARD QUESTIONS".
Will he reply?
The "old" regime ignored these kind of questions hoping it would all go away (which it didn't). Lets see how Mr Brenneman and his crew handle this.
A few quick comments
Below are a few follow up comments on the TSFA's open letter to Quiznos:
1. You should look to the distribution costs rather than the mark up. While Quiznos may have sworn off marking up items they clearly continue to add a distribution fee. This is never questioned by franchisees or mentioned by the company. It is the loophole that allows them to claim that they don't "mark up" products, while continuing to get paid for distributing them. My guess is that this mark up accounts for almost 7 points of food cost. While the price structure Quiznos charges for their sandwiches are the highest in the competitive set, their food costs do not reflect it. Subsequently owners get the double penalty of having to charge a high price as compared to the competition, while suffering artificially inflated cost of sales.
2. Breneman was not brought on because of the TSFA! If you or anyone else truly believes that they are delusional. He was brought on to take the company public, period, end of story. Get a grip. He invested a substantial amount of capital believing that the path to Wall Street would have been much quicker and surer. Now JP Morgan is driving this bus along with the Schadens. Everyone else is just a long for the ride and hoping that the pay day is sooner rather than later. Monitoring voice mails and demanding action based on moral authority might let off some steam, but it is accomplishing little else. The only thing that will turn this brand around are positive same store sales, a solid franchise base of reasonably profitable owners, and a clearing of the majority of legal threats. Quiznos is actively working on all of these fronts, and by most accounts making headway on a slow but steady basis. Hopefully the financial markets will turn around as well.
3. Despite these posts Q continues to sell new franchises at a rapid clip and open up new stores across the country. The total number of stores has not decreased significantly despite the rash of closings. This trend is expected to continue.
4. Quiznos will be highly focused on marketing and delivery to increase sales. They know that they must substantially increase unit volumes to ever have a shot at unit profitablity. Additionally they get paid royalities on thes revenues, and receive the food distribution fee on the product. Don't expect them to vary from this highly profitable model any time soon.
One last note. Time is on their side. This is still a very profitable cash cow. Breneman has reduced costs at every turn, and continues to deliver excellent returns to the owners. They can play this game for a very long time. Their pockets are just getting deeper with each passing day. Given this reality you might consider altering your tactics.
To date claiming credit and demanding action is getting you no where.
Calling them OUT! Quiznos
At least with the Internet and Blue Mau Mau and some good reporting by Franchise Trade Journalists like Janet Sparks, the opportunity is presented to call the ZOR out for a public discussion.
Quiznos has been successful as the other big ZORS like MBE-UPS in ignoring the independent franchisee associations and their legitimate concerns --and handpicking their own representatives whom they can control.
This is Bremerman's first experience with a franchisor, isn't it?, and I'm sure he realizes that he inherited the sins of the fathers, so to speak. He can't erase the GREED and the abusive exploitation of ZEES that created what Quiznos is today.
Quiznos has to continue to encroach and turn and churn perhaps to survive and expand internationally! 'Tis the BEAST that must continue to cannibalize its own franchisees to protect its profits for its owners.
Make them default everyone
The below guest is correct. Forget the media--the public cares even less about you than the suits at Quiznos do.
Guest nailed it when he said to form your own buying group and start getting your own goods. They will send all sorts of nasty default letters, but if the group is large enough you can safely laugh at it. WHa are they going to do, close everyone? Good luck sellingf ranchises when 1000 shops close at once. Forget the pipe dream of an IPO cash out. The last thing these greedheads want is 10 more years of fighting with disgruntled franchisees. THey want the big paycheck at the end of the line. Anything that speeds that up they will get behind. Anything that slows it down is krypotonite.
Quiznos to respond to TSFA letter
"Blue MauMau expects a response from Quiznos regarding the TSFA's letter, and will publish it upon receipt."
If Q responds, it will be a first.
I guess they are coming to the realization, that ignoring the real problems for so long, have not made them go away .......
Thank you Janet Sparks - you made my day !
Still waiting for Q's response
They must have their entire legal team and corporate cronies figuring out how to further confuse and double-talk these important issues.
Honestly
not to say Quiznos doesn't deserve the skepticisim, but has their new CEO been given enough time to even make any meaningful changes? Perhaps it is America's materialistic "me want now" attitude, but these things take time.
Did you read the pdf?
In reading the posts for this thread, I am struck by the fact that none of the anonymous posts criticizing BMM answer any of the specific points raised in the actual letter.
I suspect that many have not even bothered to read the letter, though the starting point for logical debate would be to read the initial statement.
Ms. Sparks has posted the letter as a pdf attachment. After reading all the discussion about "Privacy Act" and lawsuits for disclosing individuals' personal information, I was puzzled enough to read what was in the actual letter, and when I did so I was impressed by the businesslike tone and construction of the TSFA communication.
Whether or not you agree with TSFA, the letter raises specific operational concerns. While there are a few gratuitous swipes, for the most part the letter reads like the same questions which would be discussed at a Board of Directors or shareholders meeting--in other words, legitimate business discussion.
Some of the issues are rather arcane matters, but none of them relate to any personal information of anybody--franchisee or otherwise.
Attacks on BMM or on people's motivation in posting (by individuals who won't disclose their own names, let alone motivation) coupled with the red herring of "Privacy Act" lawsuits are strong indicators that the opponents are not able to rebut the points raised in the letter.
Whether the quality of debate is due to the opponents' not having any knowledge of the company or due to their not being any objective data to rebut the TSFA's premise is unclear.
I read the Quizno's "white paper" some years ago, and while some of the conclusions were questionable, the franchisor demonstrated that it is capable of presenting an empirically-based rationale for its actions. Therefore, I suspect that the postings on this thread are probably by people who are not familiar with the company and we should not jump to the conclusion that all of the points in the TSFA letter have merit.
Paul Steinberg
Franchisee Attorney, New York City, Ph: 212-529-5400
Re: A few quick comments
A few quick rebuttals:
See *** below:
Guest wrote: 1. You should look to the distribution costs rather than the mark up. While Quiznos may have sworn off marking up items they clearly continue to add a distribution fee. This is never questioned by franchisees or mentioned by the company. It is the loophole that allows them to claim that they don't "mark up" products, while continuing to get paid for distributing them.
*** Q marks up products with the profits going to AFD, their affiliated food company.
The independent regional food distributors are paid a "per case" distribution charge which is added on to their cost from AFD.
Bottom line - the owners are overcharged vis-a-vis competitive market pricing.
2. .........He was brought on to take the company public, period, end of story. Get a grip. He invested a substantial amount of capital believing that the path to Wall Street would have been much quicker and surer. ............The only thing that will turn this brand around are positive same store sales, a solid franchise base of reasonably profitable owners, and a clearing of the majority of legal threats. Quiznos is actively working on all of these fronts, and by most accounts making headway on a slow but steady basis.
*** With 68 items of litigation facing Q, what underwriter is going to touch this IPO ?
Positive SSS - sales have been on a steady y-to-yr decline for 3 years, goin on four !
3. Despite these posts Q continues to sell new franchises at a rapid clip and open up new stores across the country. The total number of stores has not decreased significantly despite the rash of closings. This trend is expected to continue.
*** Net store increases have stalled - in fact 2007 had NEGATIVE store growth - a far cry from the 10K goal in 3-5 yrs.
4. ............. They know that they must substantially increase unit volumes to ever have a shot at unit profitablity. Additionally they get paid royalities on thes revenues, and receive the food distribution fee on the product.
*** Once again SSS, have been on a steady y-to-yr decline for 3 years, goin on four !
One last note. Time is on their side. This is still a very profitable cash cow. Breneman has reduced costs at every turn, and continues to deliver excellent returns to the owners.
*** JPM/CCMP did not buy in for Q's operating profits - they bought to do an IPO. So, time is really not on their side.
Anyone can just google "quiznos problems", and read volumes of horror stories.
To date claiming credit and demanding action is getting you no where.
*** The TSFA attorneys are very capable, and inspite of their age, they will prevail, sooner rather than later.
Quiznos
is the poster child for all bad zors. Wish someone could stop their unethical business practices. It kills me to see so many people abused by such greed.
Actually it should be a UPS man eating at a Quisno's. A double whamy. Take care of 2 bad ones and put it on a poster.
What's happening now
in the world of franchising is they are targeting people who are more educated. If not in college but life. People who have had some success in life. They are taking advantage of good people who have been responsible all of their life. What happens is people are communicating their experiences on the internet. Talking to the media. Which more people need to do. Get our stories out to warn the public. This is not anti-franchising talk. It is to inform people the wrong doing in the business.
People who have any sense will share with others their experiences. Targeting people with some intellegence will not just sit back and take it.
I talked with another wise man today and what he says makes sense. You target more educated people then you are more likely to tell others via internet or the media to tell people the truth of their experiences. I have to believe there will be justice because of this.
Sure we have to take responsibility for some of the things we did wrong. But we have to tell others what they have to do to protect themselves. If you never had been in the franchise world who would think such bad people would purposely have a scheme to rob us like they did. Writing on the interenet is a resourse we have to tell our stories and warn the person who doesn't know how much due diligence is involved. Tell them about franchise lawyers. Not just any franchise lawyer but a killer franchise lawyer that will help you with killer due diligence. This is honorable and not whining!!!
Brenneman and This Quiznos Mess
When Mr. Brenneman came on board the sinking Titanic ship named Quiznos, most franchise owners were estatic. Now after 15 months, we are no better off. The goal to put an extra $15 thousand dollars in each owners pockets each year is laughable. Sales are down, transaction counts are down and we hear each week how delivery is the answer out of our mess. The problem is that delivery is nothing more than throwing good money after bad. Delivery is truly a nightmare.
Now we hear that Quiznos is now making "legacy" vendors bid for our food business. I would bet dollars to donuts that Rick Schaden is getting back-door rebate money in his pockets at the expense of franchise owners. Can anyone out there enlighten me why any company would have legacy vendors who did not bid on business? I'm disgusted with this sleazy organization.
Guest - Pardon me...I'm a bit slow.
Guest - Pardon me...I'm a bit slow. I understand most of your critique of the TSFA but do not understand your proposed solution. You are heavy on tactical analysis and provide some good minutial points but you are light on how to correct the overall strategy.
You seem to indicate that TSFA management is employing tactics based on an impossible-to-obtain overall strategic goal. Rarely will even the best executed tactics overcome a flawed strategy (I know what some of you are thinking…Don’t even go there.)
If you were the "Head of Strategic Planning" for the TSFA, what would you change strategically? If you were a strategy consultant to the TSFA, what advise would you give the leadership based on your knowledge and observations of the overall Quizno’s situation?
Please advise.
Also, you state:
"The only thing that will turn this brand around are positive same store sales, a solid franchise base of reasonably profitable owners, and a clearing of the majority of legal threats."
Question: What do you mean by "clearing of the majority of legal threats"?
"Time is on their side. This is still a very profitable cash cow...They can play this game for a very long time. Their pockets are just getting deeper with each passing day...taking credit and demanding action is getting you no where."
Question: What is TSFA's tactical alternative to "demanding action" if TSFA’s implied mission is to get the franchisor to first recognize an independent voice and then pressure them to make substantive changes…changes of the type that you seem to personally endorse?
Who are you?
I hate to be rude but you sound like an a__ h___!!!! Maybe you work for Quiznos or one of their other franchises.
You must work for the corporation
You have never heard of some of the very wealthy going to jail? You do not sound like a wise person at all. You are in complete denial of the truth of what's going on. I am all for supporting good franchising. As long as it is a win win situation. If people are hurt in the name of greed it is not a success story. They might have money but they are empty inside. No class. Non-feeling SOB'S. The funny thing is they probably know it and don't care. They would probably kill their own mother for a buck. They will not go down in history as great men. You never know what will happen. What goes around comes around. It may take some time. But it always seems to.
Quiznos won't respond to specifics
The Quiznos spin doctors won't respond to specifics. They will say the "food cost" percent is lower than last year. They won't say that portions were drastically cut back and they went to cheaper quality meats. They won't say we had to raise our prices to lower the food percent. They won't address the fact that Subway's food cost percent is lower than Quiznos even though they sell at a lower retail price.
They won't comment on their goal of putting an extra $15k into the franchise owners pockets last year. They won't comment that our food rebate dollars are less than last year and they did away with another program that put thousands of dollars into the bank account of many owners. They won't address the ridiculous comment that franchise owner profitability was up 60% last year. (outright lie)
They won't comment on the fact that they screwed franchise owners on the POS system, delivery program packages, marketing materials, etc.
Nope. They will just say that they are working hard to make franchise owners more profitable. They will pat each other on the back saying this guy in this department is doing so good and that guy will pass on accolades that so and so in another department is doing so well. The drill for the executive bunch is to sit in a big circle and pat each other on the back while Rick Schaden sits in the middle of the circle counting his money that he stole from franchise owners.
And Do, you didn't know about
the Schadens because . . . ?
Because you didn't do your due diligence?
Or no one told you (common sense) that you needed to know?
Or the FTC didn't bother to call and tell you?
The SBA and the President of the USA forgot to clue you in that before you inivest with someone you DO, Do, check them out? You ask questions. You look for references. You investigate and explore.
You didn't hire an attorney?
You did hire an attorney and he didn't tell you?
The franchisor lied to you?
The franchisees lied to you?
I know. It was a conspiracy. EVERYONE was out to get you! And they got you.
What was it?
Quiznos Won't Respons
How can you defend the indefensible? Quiznos will not respond to the TSFA's questions because they know that TSFA is right and they are wrong. With the roll-out of the Sammies line, our menu is sooooo complicated now. It takes team members weeks if not months to learn receipes for sandwiches. Food costs are still out of line with the competition. The business model won't work on $2 Sammies. We don't have the customer base to crank out enough Sammies to change the profit dynamics at store level. (partly due to encroachment)
How can Subway and Jimmy Johns be so much more profitable than Quiznos? They have low food costs and they keep their operations SIMPLE and easy to execute. Why would that business model not work with Quiznos? The answer is that it would work if the so called "dream team" executives would make no-brainer decisions.
Answer Me This?
Why would any business want to air their dirty laundry in public? Do you honestly believe Q or any other company for that matter will want to dispute problems in the realm of the internet?
Operational Concerns
Paul, I agree that the letter raised some interesting operational concerns.
But I would not have put the operational concerns together with the remarks on the updates regarding the lawsuits.
Michael Webster PhD LLB
Franchise News
Good Job Paul
It seems that the whole community is constantly commenting on issues that have nothing to do with the topic. I apreciate our community and I am continuing to find out how important it is to make the right comments, so I am not belittled.
Re: Honestly
GB has been at the helm of this company for 15 months now.
When he took over, there was serious evidence of prolonged neglect and decay of the brand that needed immediate attention.
For those who actually read the attached letter from the TSFA, the central point is the high food costs charged to the owners.
While Q's officers continue to hold a large ownership position in the company owned food distributor (AFD), the situation will not materially change.
I have personally spoken to a former GM of a national food distribution company in the Northwest, who confirmed the large delta in pricing between what AFD actually pays it's vendors, and what they charge store owners.
He added "I don't know how these people sleep at night ?"
Most large franchise companies have formed food co-ops to establish competive bidding in order to provide fair market based pricing to the stores.
Unless Q takes this step, the slide in the number of stores and their reputation in the franchise world will continue to decline.
That's just the long and short of it from a longtime store owner ........
Tactical Answers
This may help:
1. Hire a competent lawyer. As a franchise owner I have been in numerous legal actions and have been succesful by utilizing the best talent out there. I know from personal experience that there are attorney's that have done battle with Quiznos and come out on top. They are not publicized on these sites as they are strictly prohibited from doing so as part of their settlements. Do some research as to who has been in arbitration with Quiznos in the last several years. Get there names and take their advice. I am not a legal professional, but I do take direction from proven, highly competent professionals very well. This may require patience, and they may tell you that you don't have a legal standing as you are currently situated. Either way get the best help you can find and leverage the advice.
2. None of the current legal cases have a prayer. They are poorly constructed and will only continue on if you get lucky in some very liberal state. Quiznos will appeal each and every case and then settle out of court at the last minute. In the end they have already set aside more than sufficient funds to cover all of these losses. To them it is an acceptable cost of doing business on the way to the public market.
3. I do endorse your desired outcome, but your tactics to date have been ineffective. Again, legal councel would have had you set up your cases differently from the get go. In order to fix the system I think you may have to go back to the beginning. Example - form a buying group, use it. Let them default you and try to close you down. Then bring suit for the right to use the buying group. To date you claim to be getting ripped off but you have not taken the steps in good faith to prove it.
Re: Who are you?
Do D - I cannot figure out how on earth you came to that conclusion ?
Even though I am posting as guest to protect my identity, I am a long time Q FO's and a card carrying, dues paying member of the TSFA.
My point was Q has ignored us for so long and pretented we did not exist, or were a small group of disgruntled owners.
By responding to the TSFA letter, all that may change - if ever so slightly ........
Boy do I feel stupid
You are a QFO. You couldn't know all that with out being one. I am so sorry. I have little tolerance for Quiznos knowing all the horror stories. Plus we bought into another Shcaden scam. 123 fit. He has another franchise called Smash Burger. One franchise after another. They are very bad people. I hope your doing good.
Mr Tactic's addresses do diligence comments
Dear Mr Do Diligence,
I have noticed from your other postings that it is generally hard to follow your logic or to comprehend exactly what it is that you are trying to say. You seem to misconstrue virtually everything everyone else says, and then post a very emotional response. You are welcome to go through life acting on your emotions as evidenced by your comments, but I think some basic business logic would better serve you.
People generally go to jail for breaking the law. As far as I know the executives at Quiznos can only be accused of reaping windfall profits on the backs of the franchise owners. I believe that they legally disclosed their intent to do so in their UFOC, and therefore met the legal hurdles required. I have made and lost mamy hundreds of thousands in this game, and know what it's like to be in debt with no light at the end of the tunnel. I also know that taking responsibility for your mistakes is the first step in recovering from these losses. No one is going to make you whole, you have to get back in the saddle and work your way through it.
Best of luck in all of your endeavors.
I already commented how
how STUPID I Was! Ignorant, dumb, niave, idiot, totally a sucker. Do you honestly think I would of bought it if I knew what I know now? Why do you think I post here.
It is a Conspiracy! that enables and emboldens
Yes, it is a conspiracy that has become public policy and the status quo. We do a disservice perhaps to our children to not expose them to political science in their early years and to teach them that all is fair in love and war and business and that government is not to be trusted because they so often protect only the special interests. Franchising serves the interests of the franchisors, the bankers and lenders, the Landlords, the developers and the investors, and the local and federal government, and franchisee fodder just fades away into the sunset in failure.
Franchisees are intentionally diverted from the odds of success or failure of the concept and the ROI because of the red herring of the UFOC. There is a conspiracy to hide the odds of failure of franchise investments from that portion of the public who buy franchises.
Just as slavery and strike breaking and child labor and segregation and many other evils were protected by the rule of law, the regulation of franchising is a creature of the special interests and is the ugly status quo protected under the rule of law.
Not hard to understand that all of those who benefit from the present regulatory policy jump in here to defend what is indefensible. It is, of course, only the franchisee, who is merely a resource of the franchisor, who takes the risk and who loses everything to prove the franchisor's concept in the marketplace. Franchisee bones can be picked with immunity and impunity under the present state of the law, and "yes" franchisors do lie and spin because they know that they can bring you to sign the contract, underlain by the UFOC or the FDD, where all the lies and the spin can then be disclaimed. They know that once you sign the contract, they are home free! They are enabled and emboldened by the state of the law.
The malicious legal trap that is set for franchisees under the law is not anything to be proud of. Not surprising that the rule of law is about money and not about fairness and justice and principles.
You try to shame us for whining but it is you who should be ashamed of your complicity in this ugly status quo that supports rampant fraud. Some say the Congress is the biggest whore house in the country but I think the ABA has the classiest and the most expensive whores around who always deliver what they are paid for.