What counterclaims did 360 Painting bring against YP, LLC in the lawsuit?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
fully dismissed on June 7, 2019.
YP, LLC d/b/a yellowpages.com, LLC v. 360 Painting, LLC (case # 17CV7398, Superior Court of Dekalb County, State of Georgia, filed July 17, 2017). Plaintiff was an advertising vendor that filed claims for a statement of account, breach of contract and unjust enrichment after a dispute regarding the vendor's performance under a yellow pages advertising contract. 360 Painting, LLC brought counterclaims on October 16, 2017 for breach of contract, negligent misrepresentation and attorneys' fees on the basis that the plaintiff failed to perform under the contract. The parties settled all claims with 360 Painting, LLC agreeing to pay (via installments) $21,000 of the alleged $37,765.19 outstanding principal account balance due, and the lawsuits were mutu
Source: Item 3 — LITIGATION (FDD pages 13–18)
What This Means (2025 FDD)
According to the 2025 FDD, 360 Painting brought counterclaims against YP, LLC on October 16, 2017. The counterclaims included breach of contract, negligent misrepresentation, and requests for attorneys' fees. These counterclaims were based on 360 Painting's assertion that YP, LLC failed to perform under their advertising contract.
The original lawsuit was initiated by YP, LLC, an advertising vendor, due to a dispute over the performance of a yellow pages advertising contract. YP, LLC's claims included a statement of account, breach of contract, and unjust enrichment. The dispute highlights the potential for disagreements between franchisees and vendors, particularly concerning advertising services and performance.
The case was eventually settled, with 360 Painting agreeing to pay $21,000 of the disputed $37,765.19 outstanding principal account balance in installments. All claims were mutually dismissed on August 27, 2018. This resolution indicates the importance of clear contractual terms and the potential costs associated with legal disputes, even when settled for less than the original amount claimed.