What They Don’t Tell You About Franchising - With Keith Miller

John Hayes hosts Keith Miller on the Franchise Hot Seat Podcast. Miller is a representative of the Franchisee Advocacy Consulting Group, advocating for franchisees, not franchisors. He has led several franchisee advocacy groups, including the American Association of Franchisees and Dealers, the Coalition of Franchise Associations, and the North American Association of Subway Franchisees. Miller and his wife, Karen, have been Subway franchisees since 1988.

Miller is respected by peers, adversaries, the International Franchise Association, and franchisors. He advocates for franchisees, which he points out, are the largest investor group in franchising but have the weakest voice. Hayes asks why more regulation is needed to protect franchisees in America, the most heavily regulated country for franchising. Miller argues that franchising is not the most regulated industry in the country. He points out that while the FTC does have a franchise rule, it has only been enforced twice in the last 17 years.

Miller and his wife became franchisees in 1988. They both have computer science degrees and MBAs. They wanted to own their own business and started looking at franchises. They first looked at Togos, a competitor of Subway, but Togos didn't have any available territories. They then looked at Subway, which was affordable. They still own three Subway franchises, which they originally built out.

Miller discusses the controversy surrounding Subway, stating that it is the best and the worst of franchising all rolled into one. He acknowledges that Subway built too many stores and that many people didn't make it, especially those who took on debt. He also discusses the changes Subway made in 2000, which led to a sales growth of 20%. However, he admits that Subway struggled in the mid-2000s and that the 5-footlong promotion, while initially successful, ultimately led to Subway being recognized as the cheap, low-cost carrier, and they could never raise prices.

Miller concludes by discussing the recent changes at Subway. Fred DeLuca passed away in 2015, and the DeLucas and Bucks maintained ownership of Subway until April 30th, 2024, when Rourke Capital bought Subway. New leadership was brought in in 2019 with the sole purpose of getting the brand ready to sell.

- With Keith Miller.


TIMESTAMPS
00:00 Introduction to the Franchise Hot Seat Podcast
01:21 The Need for Franchisee Protection
03:45 Keith Miller's Background and Journey into Franchising
08:42 Challenges and Controversies in Subway Franchising
14:22 Current State of Subway and Franchisee Vulnerabilities
17:32 The Importance of Franchisee Education and Due Diligence
27:16 The Importance of Consulting a Franchise Lawyer
27:37 The Blame Game: Franchisors vs. Franchisees
28:26 Human Nature in Franchising
28:57 Financial Struggles and Ethical Dilemmas
32:41 The Reality of Franchise Costs
34:28 The Controversial California Broker Bill
40:25 The Role of Regulation in Franchising
48:06 FTC's Stance on Franchising
51:31 Final Thoughts and Advice

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