BURGER KING Franchisees Sue Over $1 Cheeseburgers

Burger King’s National Franchisee Association filed a lawsuit this week against the franchisor over the $1 Double Cheeseburger promotion.

Last summer, Burger King franchisees twice voted against the $1 double cheeseburger promotion.  Despite clear objections, Burger King forced all franchisees to sell its double cheeseburger for $1, starting in October.

The suit was filed in U.S. District Court in Miami.  In it, the franchisees allege that the Burger King franchise agreement does not give BK the authority to “dictate maximum pricing.”

*  *  *  *  *

Burger King Franchisees Stand Up For Their Rights… & Profit Margins

Burger King’s National Franchisee Association represents more than 80 percent of U.S. Burger King franchisees.  They reportedly filed the lawsuit only after their attempts to negotiate with the franchisor were unsuccessful. They are asking the court to acknowledge that the right to set prices rests with BK franchisees, not Burger King corporate.

According to a story in the Miami Herald:

Franchisees argue that Burger King is using the promotion to boost sales to satisfy Wall Street investors at the expense of franchisees’ profits. The company’s most recent earnings report showed a 6 percent drop in profits, a 5 percent decline in revenue and a 4.6 percent fall in sales at stores open in North America more than a year.

Based on numbers Burger King provided to franchisees, the company projects that the double cheeseburger will lead to a 5 percent increase in restaurant sales. That will translate into an increased bottom line profit of $365 per restaurant based on $105,000 in sales, according to the analysis.

But financial models run by one Illinois franchisee… suggest that the bottom line impact for restaurants would be a loss of between $489 and $930 depending on the percentage of total sales generated by the value menu.

Stifel Nicolaus restaurant analyst Steve West agrees with franchisees that it is a dangerous move for Burger King.

“They’re going to pressure margins and lower their average check,” said West, who in September downgraded Burger King’s stock to a “hold” rating.  “If you don’t get enough sales, you’re shooting yourself in the foot. History has shown that this doesn’t work.”

Some argue that deep discounts like $1 Double Cheeseburgers are a necessary evil in the current economy.  However, McDonald’s stopped selling its double cheeseburger for $1 because of profit margin concerns at the end of last year.  And nothing irritates franchisees – who pay royalties on their gross sales, not their profit – than a franchisor who acts indifferently toward their bottom line.

RELATED POSTS:

SUBWAY: What Do Franchisees Make on $5 Footlongs?

LITTLE CAESARS: What Franchisees Make on a $5 Pizza

McDONALD’S: What Franchisees Make on a $1 Burger

BASKIN ROBBINS: Franchisees Lose $1.45 per Scoop on Promo

QUIZNOS: Franchisees Lost $2.25 per Sub on Giveaway

BURGER KING Franchisees Sue Over $1 Cheeseburgers

WHAT DO YOU THINK?  SHARE A COMMENT BELOW.

unhappyzee

View Comments

Recent Posts

DonutNV 2nd Franchisee Daryl Poe Not Disclosed… Anywhere?

Daryl Poe was celebrated as DonutNV’s 2nd franchisee.  The local paper states that he operates…

1 week ago

DONUTNV Franchisee Mike Flowers Not Disclosed in FDDs?

I read a lot of Franchise Disclosure Documents (FDDs).  Most are pretty straightforward and make…

1 week ago

DonutNV Franchise Owners John & Dana Owens, Ocala, FL, Not Disclosed

In a video interview Franchise Sidekick celebrates their clients, John & Dana Owens, becoming DonutNV…

1 week ago

DONUTNV Franchise Owners Thomas & Rachelle Hughes Not Disclosed

DonutNV franchise owners, franchise locations and ownership transfers are normally included in a franchisor’s Franchise Disclosure…

1 week ago

DonutNV Franchisee Marc Schnobrich (Hilton Head, Savannah) May Have Left the System

Chiropractor Marc Schnobrich engaged the services of franchise broker Franchise Sidekick to find him a…

1 week ago

DonutNV Franchise Downgraded by Broker Group (?) as Franchisees Exit, Questions Grow

Brokers and advisors of Franchise Sidekick were among the most fervent promoters of the DonutNV…

1 week ago