Legal & Compliance

Item 3 (Franchise Litigation History)

Also known as: Litigation Disclosure, FDD Item 3

Item 3 of the Franchise Disclosure Document discloses the franchisor's litigation history, including any material lawsuits filed by or against the franchisor in the past 10 years. This section reveals whether the franchisor has been sued by franchisees for fraud, breach of contract, or misrepresentation, as well as any regulatory actions by the FTC or state attorneys general. Prospective franchisees should examine Item 3 for patterns of litigation rather than isolated incidents.

Real-World Example

A prospective franchisee reviewing the FDD of a 500-unit fast-casual brand notices Item 3 shows 12 lawsuits from franchisees in the past 3 years, all alleging the franchisor misrepresented revenue projections in Item 19. This pattern warrants hiring a franchise attorney to investigate further.

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Last updated: April 2026