To what extent does the Wisconsin Fair Dealership Law supersede provisions in the 1-800-GOT-JUNK? Franchise Agreement?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
WISCONSIN
WISCONSIN
ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT
The following modifications are to the 1-800-GOT-JUNK?
LLC Franchise Disclosure Document and
may supersede, to the extent then required by valid applicable state law, certain portions of the Franchise
Agreement dated __________________, 20.
With respect to Franchise Agreements governed by Wisconsin law, the following shall supersede any
inconsistent provision:
The Wisconsin Fair Dealership Law applies to most franchise agreements in the state and prohibits
termination, cancellation, nonrenewal or substantial change in the competitive circumstances of a dealership
agreement without good cause.
The Law further provides that 90 days' prior written notice of the proposed
termination, etc. must be given to the dealer.
The dealer has 60 days to cure the deficiency and if the deficiency
is so cured the notice is void.
The Disclosure Document and Franchise Agreement are hereby modified to state
that the Wisconsin Fair Dealership Law, to the extent applicable, supersedes any provisions in the Franchise
Agreement that are inconsistent with that Law.
Wis.
Stats.
Ch. 135, The Wisconsin Fair Dealership Law.
SEC
32.06(3), Wis.
Adm.
Code.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 FDD, the Wisconsin Fair Dealership Law (WFDL) has the potential to supersede parts of the 1-800-GOT-JUNK? Franchise Agreement. An addendum to the Franchise Disclosure Document specifically addresses Wisconsin law, stating that the WFDL applies to most franchise agreements within the state. This law focuses on protecting dealers (franchisees) from unfair termination, cancellation, nonrenewal, or significant changes in competitive circumstances without justifiable cause.
The WFDL mandates that 1-800-GOT-JUNK? must provide a 90-day prior written notice to a franchisee before any proposed termination or substantial change. This gives the franchisee an opportunity to address and cure any deficiencies within a 60-day period. If the franchisee successfully rectifies the issue, the termination notice becomes void.
The 1-800-GOT-JUNK? Disclosure Document and Franchise Agreement are explicitly modified to reflect that the WFDL, where applicable, takes precedence over any conflicting terms in the standard Franchise Agreement. However, this supersedence is only to the extent required by Wisconsin law. This means that while the WFDL offers certain protections to franchisees in Wisconsin, not all provisions of the Franchise Agreement are automatically overridden; only those that are inconsistent with the WFDL.