FDD & Legal

FDD Item 19 (Financial Performance Representations)

Also known as:Item 19FPREarnings Claim
Definition

The only optional disclosure in the FDD — Item 19 is where franchisors can disclose actual financial performance data (revenue, gross profit, EBITDA) for franchised or company-owned units, supported by a reasonable basis and substantiated records.

What it means in practice

Item 19 is the single biggest sales conversion lever in the FDD. It's also the only optional item — a franchisor can choose to make no Financial Performance Representation at all.

But there's a trap. If you skip Item 19, you cannot legally make any earnings claim — anywhere. Sales calls, brochures, websites, Discovery Day, recorded webinars. Saying "our top units do over $1.2M" once outside Item 19 creates federal liability and gives the franchisee grounds to rescind. Most franchise systems that skip Item 19 effectively put their sales team under a federal gag order.

A strong Item 19 includes quartile or decile data (not just averages), specifies the cohort and time period, discloses material assumptions, and shows enough cost stack that candidates can model their own outcome. Even one or two company-owned units, properly disclosed, beats no Item 19.

The standard isn't a minimum unit count — it's a "reasonable basis" requirement. Industry data and our experience consistently show that franchise systems with strong Item 19s close at meaningfully higher rates than systems without one.

Regulatory citation16 CFR 436.5(s)
A franchise without Item 19 is a franchise that's chosen to be harder to sell. Sometimes that choice makes sense. Most of the time, it doesn't.— Jason Stowe, Founder
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