Can an All States M.E.D. franchisee participate in a class action against the franchisor?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
You agree to bring any Claims, if at all, individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against us.
23.5 Limitation of Damages
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, franchisees are restricted from participating in class action lawsuits against the company. The franchise agreement stipulates that any claims brought against All States M.E.D. must be pursued individually. Franchisees are prohibited from joining their claims with those of other individuals or entities, or from initiating or participating in a class action against the franchisor.
This class action waiver means that each franchisee must address their grievances with All States M.E.D. independently. This can be a disadvantage for franchisees, as class action lawsuits can be a more efficient and cost-effective way to address widespread issues affecting multiple franchisees. By waiving the right to participate in a class action, franchisees may bear a greater financial burden in pursuing legal claims against the franchisor.
In addition to the class action waiver, the All States M.E.D. franchise agreement includes other dispute resolution procedures. Franchisees are required to first notify All States M.E.D.'s CEO of any claim and exhaust an internal dispute resolution process before pursuing other avenues. The agreement also mandates mediation before arbitration or litigation, with the parties sharing mediation fees. These provisions collectively shape the legal recourse available to franchisees and underscore the importance of carefully reviewing the franchise agreement before investing.