Dunkin' Responds with No Comment on How DDIFO Conducts Its Affairs
CANTON, Mass. (Blue MauMau) - In response to an article published last Friday, Stephen Caldeira, Chief Global Communications & Public Affairs Officer for Dunkin’ Brands, Inc., issued a statement saying the company will not comment on how the DDIFO conducts its affairs, because it has no official ties to Dunkin' Brands. Blue MauMau broke the story, reporting that the independent franchisee association was restructuring its board of directors. In an interview, DDIFO president Mark Dubinsky said they were replacing the current board with seasoned business professionals who were independent of the Dunkin' system.
Mr. Caldeira stated:
Dunkin' Brands and our senior leadership team communicate broadly and directly with our entire Dunkin’ Donuts franchisee system through our elected advisory councils that have been in operation for more than three decades. The franchisee advisory councils were formed to represent all of our franchisees who today number well over 1,200 operators across 34 states, including those franchisees that are currently members of the Dunkin’ Donuts Independent Franchise Owners Association (DDIFO). Therefore, we do not feel it would be appropriate to comment on how the DDIFO chooses to manage its affairs.
We recognize and respect that individuals and organizations, such as the DDIFO, that have no official ties to the Dunkin’ Brands organization or our elected franchisee advisory councils, have their own agendas, to which they are certainly entitled. However, they do not seem to take into consideration the strength and well-being of the entire Dunkin’ Donuts organization. If we, as the franchisor, do not continue to work hand-in-hand with our elected franchisee advisory councils to keep Dunkin’ Donuts relevant and engaging to consumers, then we are not living up to our collective responsibility as brand stewards for all of our franchisees.
At Dunkin’ Brands, we share a common goal with our franchisees–our most important constituency–to strengthen our brands and increase their sales and profitability. We will continue to work closely and collaborate with our franchisees, as we have done so for the past 58 years, because we truly recognize how critical they are to our overall business success.
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Never argue with a pig in the mud.
“Never argue with a pig in the mud. You'll only get dirty, frustrated and eventually you'll come to find you are at a decided disadvantage. Moreover, the pig actually enjoys himself.”
FYI: Often, franchisors approximate big, fat pigs, don't they?
Let's not forget 2 important facts
When they drag you down to their level, they can beat you with experience.
Of course, this is what steel toe boots are made for and most of all the pigs need us to provide the slop bucket. No slop bucket= no sow.
600 pound sow
Absolutely. And Dunkin' Brands is a 600 pound sow.
Franchisees have a choice to sign or not to sign
If I were to invest in any franchise I would:
- Work for a franchisee for a while to see if I loved the business
- Make sure I was comfortable with the franchisor's management team (and my own)
- Read and understand every word of the franchise agreements
- Hire competent and experienced professionals to advise me (CPA, Franchise Atty., etc.)
- Read the UFOC and/or FDD, as the case may be
- I would be sure to run some sensitivity analysis to see if I could sustain higher expenses than anticipated and/or a less robust sales than anticipated.
- Speak to at least 10 existing and 5 ex-franchisees about the pros and cons of being a franchisee.
- I would be sure to gage the level of franchisee satisfaction
- Speak to the Independent Franchisee Organization(s)
- Understand the level of litigation between the franchisor and its franchisees
- Have a meticulously detailed business plan with an exit strategy just in case things did not go according to my plan
Conclusion: Prospective franchisees have a choice to sign or not to sign a franchise agreement. Only a fool does not do exhaustive due diligence and then and only then execute franchise documents that he or she is ready to live by. If you don't like the deal, don't get out your pen and checkbook! Bitching (or litigating) about what you signed after the fact is most often fruitless if not counterproductive.
Only fools rush in
Absolutely, brother!
"Wise men say only fools rush in"
--Elvis Presley
Bitching and litigating over actions taken by your
franchisor that are specifically permitted by the language of your franchise agreement is really stupid.
There is a point at which what is permitted in the agreement is so misused that it destroys the franchisees' businesses. At that point litigation may be fruitful. The problem is that what I see being claimed is based upon laws that don't fit the situation. There is, for example, no antitrust claim available in a tying situation. Deriving extraneous revenue from vendors who deal with your franchisees is not a RICO case. When there is a possibility of a valid claim based on the facts, but your lawyer asserts the wrong claims, YOU LOSE.
But on the whole, you are right. If you agree to the terms, those are the terms. You can't change the terms after the fact by suing people.
You would think that people who can read would not sue people for doing what the contract says they can do.. DUH!!--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Re: Dunkin' Responds with No Comment on How DDIFO Conducts Its A
Who pays to support the DDIFO? Is it 100% f'ee supported or does the f'or contribute, like in some other franchised systems? If the former, then it speaks volumes that membership "writes the checks". They must find value in keeping it around (and to take the trouble to remodel their board of directors).
DDIFO is solely supported by membership dues
Franchisee memebership dues pay 100% of the bills of DDIFO. The Zor does not even officially recognize DDIFO or talk to DDIFO, let alone give it any money!
bright bullseyes on their backs!
Perhaps their old board of franchisees felt too exposed speaking out (with bright bull’s-eyes on their backs). This may prove to be the best move that their association has made in some time. Hurray for the 1st Amendment!
More than a little disingenuous
Dear Mr. Caldeira:
Tell us a little more about your Advisory Council, won't you? Who pays for your meetings? Who pays for the expenses including the meals and travel for your franchisees to attend? Who controls the agenda's and free flow of the discussions? How much democratic voting goes on at your advisory council meetings? Tell us about how much you value dissenting opinions and what happens to "troublemakers"? Are your franchisees' profit margins as healthy as they once were? Given what I have been reading in the press, it looks to me that you are being more than a little disingenuous when you say, "At Dunkin’ Brands, we share a common goal with our franchisees–our most important constituency–to strengthen our brands and increase their sales and profitability". My goal is to exercise daily and eat right, but I admit I come up short more often than not! What is your track record on franchisee profitability of late?
Sorry, Mr. Caldeira, it looks to me that if your franchisees were completely happy with what your company was up to, and if they were totally satisfied with the "representation" they were getting in your advisory council, then the DDIFO would be deemed irrelevant by its members and go out of existance. Isn't it true that DDIFO membership is at an all time high? I would love to hear your well-crafted responses to these questions. Please respond truthfully and just try to spin your responses to your advantage for all the world to see. I can hardly wait!
Dunkin Donuts statement leaves bad taste....
Mr. Caldeira writes--
"We recognize and respect that individuals and organizations, such as the DDIFO, that have no official ties to the Dunkin’ Brands organization or our elected franchisee advisory councils, have their own agendas, to which they are certainly entitled. However, they do not seem to take into consideration the strength and well-being of the entire Dunkin’ Donuts organization".
No, of course they don't. The DDIFO takes into consideration what is best for their constituents, Dunkin Donuts franchisees. There will always be issues that favor the Franchisor at the expense of the Franchisee, (such as selling Dunkin Donuts coffee at other unrelated retail outlets), and vice versa.
He then contends---
"At Dunkin’ Brands, we share a common goal with our franchisees–our most important constituency–to strengthen our brands and increase their sales and profitability"
The above statement ignores the fact that strengthening the brand and increasing franchisee sales and profitability don't always go hand in hand. Marketing Dunkin Donuts brand coffee at the local supermarket might help strengthen the brand, (although I doubt the connection between Dunkin Donuts and coffee needs to be reemphasized), but it also serves to decrease franchisee sales and profitability.
He concludes with--
"We will continue to work closely and collaborate with our franchisees, as we have done so for the past 58 years, because we truly recognize how critical they are to our overall business success".
He seemingly omitted--
--as long as they don't choose to organize on their own or attempt to collaborate in a manner which we can't control or don't approve....
Alternative channel distribution of the coffee
I had the occasion to taste Dunken DoNuts coffee a few weeks ago. It aint anything that would disitinguish a brand identity to me - unless it tastes different when drunk while eating donuts. It's rather blah!
It is impossible for me to appreciate why anyone would give a damn if this dishwater style coffee were sold elsewhere. It sucks.
What is harder to appreciate is why they sell this kind of yuk coffee in their own stores. Selling this piss elsewhere can't possibly detract from DD image/identity/sales/profotability. Gimme a break!--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
DUH
Richard said:
"It is impossible for me to appreciate why anyone would give a damn if this dishwater style coffee were sold elsewhere. It sucks."
Let's try to guess, shall we? Maybe the rest of the world doesn't share your effete sensibilities, to the tune of well over a billion dollars a year. You're in the minority on this issue. Not a bad place to be on many fronts, to be sure, and everyone is inherently right about what they personally do or don't like. But since this is a real business and the people in it are there for the business, we need to look a little more closely at it.
Could it be about, oh, I don't know, maybe the money?
Duh back to you...
I agree with what you say about personal tastes. I see that at least someone claims that what is sold in grocery stores may not be the same blend as in the DD shops themselves. But that really isn't the issue, and I was just being my usual kick 'em and see how they howl self.
What I was hoping to get as a response to put me in my place was some statement about the quantitative impact upon the franchisees of the decision to sell the coffee in grocery stores.
If putting the coffee in grocery stores cannot be shown to correlate with reduced sales in franchisee owned stores, then why are the franchisees complaining about it?
It really has to do with impact. You can bet that the franchisor has an "impact study". It may be total bullshit, but they have one and will trot it out at the trial of any case. If the complaining franchisees have their own contrary impact study, and it can stand up to cross examination, then there may be something to complain about.
Otherwise it's all about noise. If they had come to me - and they have not - I would have insisted upon a competent demonstration of impact before making it a cause celebre. But you can always find a lawyer who will yell about anything, with or without evidence that the complaint has merit.
Without impact evidence, they are wasting a lot of credibility for nothing. If you disagree with that, please tell me so and please tell me why. Thanks--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
DUH redux
You perhaps missed the data that was posted here by DDIFO.
The Hess self serve coffee counters have not opened yet, so there is no data. However it is obvious that a few coffee pots Hess has to buy cost a lot less than the complete shop and full brand presentation that the Zees are required to pay for even when they are next door to the Hess selling the coffee.
Pretty crappy deal.
DUH is as DUH does
Without any repeatable independent results, the argument for or against is pointless.
You can theorize all you want but I think courts and juries decide based on facts.
One could counter that DD coffee in grocery stores increases brand recognition and this drives people to consider their coffee over SB when they are jonesing for a cup while driving. Since SB is already in stores, DD must compete. It could also be true that the increased purchasing power could lower the coffee supply cost to franchisees and level the buying power against SB. If DD doesn't sell in stores, will SB just stop? Now if DD franchisees have one of those "negotiate for the benefit of the franchisees" clauses, maybe they have something.
With everything that DD franchisees have to complain about, you would think that this issue would be tabled in favor of the documented damages and facts. To an outsider, it just cheapens the rest of their plight and gives the franchisor more ammunition to call them off-the-wall and not to be taken seriously.
High time to get an independent impact survey done.
Duh aint cause Duh didn't
You are exactly correct. Making a fuss when there is no data to justify the fuss is the hallmark of the incompetent group.
Supposition won't cut it. Where is the leadership of a group that does such things without impact data - not surmise, but data?--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
This IS the issue
The stuff sold in other outlets is NOT the same coffee sold in shops. It is a different blend made by people that make Folgers with a much longer shelf life. Besides. even if you buy the real beans from a sop to take home, it won't taste as good as the shop's because of the shop's equipment. Howeverit will still taste better than the stuff from the supermarket that P&G sells.
If you want to overpay for the over roasted inferior beans sold by Starbucks, you will at least get the same cheap crap it sells in its stores and has fooled doofuses into believeing is better because you can't taste it after the over roasting.
Which is it?
Stephen Caldeira was quoted as saying: "we do not feel it would be appropriate to comment on how the DDIFO chooses to manage its affairs."
He was also quoted as saying: "they do not seem to take into consideration the strength and well-being of the entire Dunkin’ Donuts organization."
So which is it? You say you don't think its appropriate to comment then you go one to comment on what you want to comment on.
The Brand Advisory Council is controlled by the brand, the DDIFO is independent.
Its obvious you would rather manage your franchisees in a controlled forum rather than deal with them as an independent association.
Democracy is a bitch, isn't it?
Re: Which is it?
Guest says - "Democracy is a bitch, isn't it?"
TIF replies - There is nothing democratic about a franchise relationships. The agreements and operating manuals spell out the relationship. And they ain't equal.
The Truth Shall Set You Free!
TIF
And they ain't equal
Tif you admit the relationship between a zor and zee isn't equal. It is in favor of the zor?
I did read my UFOC and I know it
But to have a zor admit is really big stuff. At least you are honest. Good for you TIF.
Re: And they ain't equal
DoDil Says - "Tif you admit the relationship between a zor and zee isn't equal. It is in favor of the zor?"
TIF replies - Yes of course, but if you read your franchise agreement or any franchise agreement you would know this fact.
The Truth Shall Set You Free!
TIF
Well said
Perhaps this is why the Dunkin' Donuts Zees are so upset about the new franchise agreement that the Zor is trying to get them to sign.
It makes sense that Zees want more involvement in the content of the thing.