Franchise Dispute Demand Letters

FDD violations, encroachment, support failures, and franchisor misconduct strategies for California franchisees.

Franchise relationships are governed by complex federal and state regulations. When franchisors violate disclosure requirements, encroach on your territory, or fail to provide promised support, a well-crafted demand letter can leverage these legal protections.

California franchisees have extra protection: The California Franchise Investment Law and Franchise Relations Act provide remedies beyond federal law, including rescission rights and good faith requirements.

Evidence Checklist

Executed Franchise Agreement and all amendments

All versions of the FDD plus receipt pages

Emails showing representations about territory, performance, or support

Territory maps, GIS data, and exclusivity clauses

Training materials promised vs. delivered

Marketing fund statements and local ad spending

Notes from meetings with franchisor representatives

Testimonials from other affected franchisees

Demand Letter Templates

FDD Violation - Rescission Demand

"I purchased a [Brand] franchise on [date], paying $[initial franchise fee] plus $[other amounts] in initial investment. Prior to signing, I did not receive a Franchise Disclosure Document in compliance with FTC Rule 16 C.F.R. § 436.2, which requires delivery at least 14 calendar days before execution of any franchise agreement or payment. [Alternatively: The FDD I received contained material misrepresentations regarding [describe - e.g., Item 19 financial performance representations that significantly overstated typical franchisee revenue].] Under California Corporations Code § 31300, I am entitled to rescission of the franchise agreement and return of all amounts paid, plus interest. I hereby demand: 1. Rescission of the Franchise Agreement dated [date] 2. Return of the franchise fee: $[amount] 3. Return of other payments made to franchisor: $[amount] 4. Interest at the legal rate from date of payment Please respond within 14 days confirming your agreement to rescind and your proposed timeline for refund."

Encroachment Demand

"Section [X] of my Franchise Agreement grants me an exclusive territory defined as [describe - e.g., a 3-mile radius from my location at 123 Main Street / the area bounded by Highway 101, Oak Street, Elm Avenue, and Pine Road]. I have learned that [Brand] has [opened / plans to open] a new location at [address], which falls within my protected territory. [Alternatively: The franchisor's online sales program now delivers directly to customers in my territory, in violation of my exclusive rights.] This encroachment violates Section [X] of the Franchise Agreement and constitutes a breach of the implied covenant of good faith and fair dealing. Since the competing location opened, my sales have declined by $[amount] or [X]%, representing damages of approximately $[amount] to date. I demand that you: 1. Immediately cease operations at the encroaching location; OR 2. Compensate me for lost profits and modify my royalty obligations to account for the reduced territory If this matter is not resolved within 21 days, I will pursue all available remedies including injunctive relief and damages."

Support Failure Demand

"When I signed my Franchise Agreement, [Brand] promised [describe promised support - e.g., a comprehensive 4-week training program, ongoing field support visits quarterly, national advertising campaigns funded by the marketing fund]. Since opening on [date], the following promises have not been fulfilled: - Training: I received only [X days/weeks] of training, not the [Y] weeks promised in Section [X] and Item 11 of the FDD - Field Support: No field representative has visited my location in [X] months, despite the FDD stating quarterly visits - Marketing: The marketing fund has collected $[amount] from me, but I have seen no local or regional advertising. [If applicable: The FDD disclosed marketing fund expenditures showed [X]% spent on administration rather than advertising.] These failures constitute breach of contract and, potentially, fraud in the inducement if the representations were false when made. I demand: 1. Immediate delivery of the promised training 2. Refund of marketing fund contributions: $[amount] 3. Reduction in royalties to compensate for inadequate support Absent a satisfactory response within 14 days, I will consult with counsel regarding claims for rescission, breach of contract, and violation of the California Franchise Investment Law."
Check your arbitration clause: Most franchise agreements require arbitration, often in the franchisor's home state. Your demand letter should still be sent, but plan for the dispute resolution process specified in your agreement.

Strategic Considerations

Franchisee Associations

If other franchisees face similar issues, collective action through a franchisee association may be more effective than individual demands. Shared legal costs and unified negotiating position can change the power dynamic.

Regulatory Complaints

In addition to private demands, consider filing complaints with:

Exit Strategy

Sometimes the goal isn't to fix the relationship but to exit it. Your demand letter can position you for rescission and refund, negotiated termination without post-term restrictions, release from non-compete provisions, or assignment/sale of the franchise to a third party.

Franchise Dispute?

I represent franchisees in disputes with franchisors throughout California. Let's discuss your options.

Email: owner@terms.law