What happens if Cream debits more than what is owed from a Cream franchisee's account?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
If the amounts that we debit from your account are greater than the amounts you actually owe us, we will credit the excess against the amounts we otherwise would debit from your business account on the next payment due date.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, if the amounts Cream debits from a franchisee's account are greater than the amounts actually owed, Cream will credit the excess against the amounts they otherwise would debit from the franchisee's business account on the next payment due date.
Cream requires franchisees to authorize them to debit their checking, savings, or other account automatically for all amounts due to Cream or its affiliates. This Electronic Funds Transfer (EFT) authorization remains in effect during the term of the Franchise Agreement. Cream will debit the designated account on the due dates, or the subsequent business day if the due date falls on a national holiday or weekend. Franchisees must ensure sufficient funds are available to cover these withdrawals.
In cases where a franchisee fails to report Net Sales, Cream loses access to the franchisee's computer system, or the shop is closed without authorization, Cream may debit the franchisee's account for 110% of the average Net Sales for the last three months of operation. If this debit, based on an understatement of Net Sales, is later found to be less than what was actually owed, Cream will debit the account for the balance. Conversely, if the debit is greater than what was owed, Cream will credit the excess against future debits.