MATCO TOOLS Franchise Report Alleges Distributor Churning has received a report alleging that Matco Tools, a division of Danaher Corporation (NYSE: DHR), is actively engaged in what’s known as “franchise churning.”  “Churning” is a form of franchise fraud wherein a franchisor sells franchises it knows (or should know) are doomed to fail, collects payments, then resells the same franchise once the previous franchisee fails. has recently received numerous complaints from failed and struggling Matco Tools franchised distributors (See MATCO TOOLS Franchise Complaints) who claim they were unfairly terminated or allowed to fail by the mobile tools company.

The report is based on data reported in the 2011 Matco Franchise Disclosure Document (FDD) (MATCO TOOLS 2011 Franchise Disclosure Document), and was compiled by an analyst at the law firm of Marks & Klein, LLC of Red Bank, NJ.

Marks & Klein has an active class action lawsuit filed against Matco Tools and TD Bank on behalf of Matco franchisees (See:  FRANCHISE LAWSUIT Alleges Matco Tools Scam, TD Bank Fraud, MATCO TOOLS Class Action Lawsuit, “Secret” Sales Projections), and has also sued Matco competitors Snap-on Tools and MAC Tools for franchise fraud.

The Marks & Klein report on Matco Tools comes to some disturbing conclusions, and alleges that a “fundamental failure of its franchise system is taking place,” yet “MATCO Tools has, nonetheless, continued to offer and sell Distributorships despite the pattern of early failure.”

“The information contained in the Disclosure Document paints a picture of failure on large scale, year after year, with MATCO seeking to replace Distributors whose tenure in its system is woefully short, and doing so within the calendar year in which a distributor fails,” the report alleges.  “The conduct evidenced by the FDD demonstrates a pattern of churning.”

The Marks & Klein report on Matco Tools is reproduced in its entirety below, or can be read as a Word document here.

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[Beginning of Report]

November 28, 2011

MATCO Tools 2011 FDD:

Analysis of Information contained in Item 20 Tables

We have reviewed the data contained in MATCO Tools franchise Disclosure Document issued March 11, 2011 (the “FDD”). The FDD provides information about the franchise system during calendar years 2008, 2009, and 2010.

In Item 20 of the Disclosure Document, MATCO discloses information which suggests a fundamental failure of its franchise system is taking place.

For the three year period beginning January 1, 2008, and ending December 31, 2010, MATCO presents the following results:

Matco chartDuring the three year period from 1/1/08 to 12/31/10, seven hundred fifteen (715) Distributors, forty nine percent (49%) of the total number of MATCO Tools Distributorships open at any time during the period, left the MATCO system.

[Click chart to enlarge]

Of that 715, only fifty (50) transferred their MATCO Tools business to third party franchisees. Of the remaining six hundred and sixty five (665) Distributors who left the MATCO Tools system, five hundred thirty one (531) closed their Distributorships, and one hundred thirty four (134) had their distributorships terminated. If a MATCO Tools distributor desired to exit the system during this three year period, and hoped to sell its business through a MATCO approved transfer, that franchisee had less than a seven percent (7%) chance of success. Statistically speaking, such a low success rate indicates that the MATCO Tools businesses run by distributors who were leaving the MATCO system were so unprofitable as to be unmarketable.

MATCO Tools has, nonetheless, continued to offer and sell Distributorships despite the pattern of early failure. In fact, during the three year period from 1/1/08 to 12/31/10, six hundred sixty six (666) new Distributors came into the MATCO Tools system, six hundred sixteen (616) opening new MATCO Tools businesses, and fifty (50) new Distributors as Transferees.

In 2008, MATCO discloses that 213 Distributorships opened for business, 42 were terminated, and 200 ceased operations. Only seven Non-Renewals occurred, none of which is included in this analysis.

In 2009, MATCO discloses that 215 Distributorships opened for business, 41 were terminated, and 152 ceased operations. Only three Non-Renewals occurred, none of which is included in this analysis.

In 2010, MATCO discloses that 188 Distributorships opened, 51 were terminated, and 179 ceased operations. Only two Non-Renewals occurred, neither of which is included in this analysis.

The information contained in the Disclosure Document paints a picture of failure on large scale, year after year, with MATCO seeking to replace Distributors whose tenure in its system is woefully short, and doing so within the calendar year in which a distributor fails: not a single signed but not opened Franchise Agreement is disclosed in Table 5. In fact, the number of closed Distributorships disclosed in Table 3 closely tracks the number of projected Openings in Table 5, in several cases, matching exactly (by way of example only, in Arizona and Alaska, the number of projected openings equals the number of closures disclosed in Table 3 during the period). The conduct evidenced by the FDD demonstrates a pattern of churning.

The actual operating results of a MATCO Tools Distributor may be worse that the picture presented by the FDD because Item 20 Tables, prepared in accordance with the FTC Rule and NASAA Disclosure Guidelines, only include the last event in time for each Distributorship, be it a termination, a closure, or a transfer, which artificially lowers the number of terminations, closures, or transfers reflected in the FDD and as a result, analyzed.

[End of Report]

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Contact post author or site admin at UnhappyFranchisee[at]  Corporate clarifications and/or rebuttals invited.

56 thoughts on “MATCO TOOLS Franchise Report Alleges Distributor Churning

  • May 22, 2013 at 7:45 pm

    I think relentless/octamnorom/etc wants to keep posting. I think his claims are legit. I think, for some reason, that others are trying to shut him up. He doesn’t cuss! He doesn’t call people names. He obviously doesn’t like Matco or Danaher. Why are you threatening him with control of his Constitutional Rights? Has he posted anything that violates your posting agreements? Do you disagree with his comments? Why are you threatening him Admin?

  • May 22, 2013 at 8:11 pm


    Three things. First, we have a policy against the same commenter posting with different names/email addresses to deceive people into thinking their opinions are shared by more than themselves. The Pro-Matco Old Boy supporters did the same thing and we called BS on them too. ADMIN can see the IP addresses of commenters, so you’re not fooling anyone. Pick a name and stick with it.

    Second, if I take the time to send you multiple emails, have the good manners to answer them.

    Third, if commenters continually to just post the same rant regardless of the subject of the post, it gets boring, dulls the conversations, and, most importantly, bores me. Keep comments on topic. You’re a guest here… this is not your personal soapbox.

    Scamdemonian/relentless/octamnorom/etc., I will never infringe on your Constitutional Right to start your own blog, set your own rules, and enforce them as you see fit. I promise that when I’m a guest on your blog, I will be respectful, and I will follow your rules or go elsewhere. That’s the respectful thing to do, isn’t it?

  • October 17, 2013 at 7:18 pm

    I was a Matco distributor from ’93-’97, this has been going on forever.

  • January 4, 2015 at 11:16 am

    I was a Matco tool dist. from 7/2009 till 7/2014 . My issue is when I decided to close my mobile store I talked to District Manager and let him know of my intentions were. Which was to sell my route and and that i would stay till a new dist. could be found or 8 weeks that was Nov. of 2014. The next month he moved from this area to the west coast .So I then talk to the D.M. He at least gave a release form I singed it and gave it back .That was Dec.2014. So they found (3) new distributors which was great and matco divided the area I covered 3 ways. I did receive (1) payment to my account from 1 distributor . 2nd distributor i have seen nothing I have communicated with the D.M. And he keeps telling that Distributor # 2 will be writing me a check. Can’t say whats going to happen with distributor #3 because just went into business so Ill wait to see how It play’s out.How ever there is person who has been great and I thank her SHELLIE M. WHITNEY . As far as the two D.M.s I have dealt with are more than USED CAR SALES MAN.
    Dale Merritt

    PS. THE sooner I’ve received my money owed me the sooner I’ll be able to pay of my balance .

  • January 10, 2015 at 5:55 pm

    Good to see some franchisees with the stones to tell others and warn others what Matco/ Danaher really is! Stay away from the Ponzi Scheme made legal by Senators, Government Departments and attorneys and State Representatives who have turned their backs on their OWN States laws and the people whom their SUPPOSED to serve. Through employment Americans can be victims of wrong doing by their employers. Franchising ENABLES franchisors to break laws and commit felonies and get away with their crimes. I don’t care HOW successful a franchisee becomes in their franchise this industry is built on the fraud of DECEPTION!!!

  • January 10, 2015 at 6:08 pm

    By the way! Admin. has been in the franchise business for a long time! Do some research and you will find out plenty about Admin. He has been creating web sites and buying domains for many years in the franchising arena. Which brings me to the question WHY? Who would want to support a web site that defends freedom of speech and warns others about fraud? Someone who STANDS for the rights of an AMERICAN might do something like this! Someone who was once a victim as Admin. claims might do this as well. Or is wealth distributed among the Wall Street WHORES who prey on the working class and their next designed 9/11. I am not a victim by chance Mr. Admin. I am a victim by DESIGN!!! Congrads on your degree’s and fields of expertice Mr. Admin. I know who you are!!! and I know what your about!!!

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