What law applies to 1-800-GOT-JUNK? franchise agreements in Wisconsin, potentially superseding inconsistent provisions?
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 1-800-GOT-JUNK? Franchise Disclosure Document, the Wisconsin Fair Dealership Law applies to most franchise agreements in Wisconsin. This law may supersede any inconsistent provisions within the 1-800-GOT-JUNK? franchise agreement.
The Wisconsin Fair Dealership Law specifically addresses termination, cancellation, nonrenewal, or substantial changes in the competitive circumstances of a dealership agreement. It states that such actions require "good cause." Furthermore, 1-800-GOT-JUNK? must provide the dealer with 90 days' prior written notice of any proposed termination or changes.
The law allows the dealer 60 days to correct any deficiency cited in the notice. If the dealer successfully cures the deficiency within this period, the termination notice becomes void. The 1-800-GOT-JUNK? Disclosure Document and Franchise Agreement are modified to reflect that the Wisconsin Fair Dealership Law supersedes any conflicting provisions, to the extent applicable. The relevant statutes are Wis. Stats. Ch. 135 and SEC 32.06(3), Wis. Adm. Code.