What are the allegations made by the former franchisee against Augusta Lawn Care in the lawsuit?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Abraham Bilgoray v. Mike Andes, Augusta Franchise LLC, Augusta Franchise LLC Suite, and Augusta Lawn Care Corporation, Civil Action No. 7:25-cv-00584, pending in the United States District Court for the Southern District of New York (originally filed in the Supreme Court of New York, Rockland County, on December 16, 2024 and removed to federal court on January 21, 2025). Plaintiff is a former franchisee of Augusta Lawn Care that alleges fraud and negligent
misrepresentation, based on a purported non-receipt of Augusta's pre-signing Franchise Disclosure Document (the "FDD"). Plaintiff therefore seeks rescission of contracts and restitution. Augusta moved to stay, transfer, and/or dismiss on multiple grounds, including: (i) Plaintiff's franchise agreement requires that he bring any claim before the American Arbitration Association ("AAA"); (ii) to the extent Plaintiff was not required to file his claim in the AAA, he was required to file suit in the United States District Court for the Western District of Washington; (iii) Plaintiff's claims are deficient under the Federal Rules of Civil Procedure; (iv) Plaintiff's fraud-based claims are without merit under the applicable documents; and (v) the applicable statute(s) of limitations bar Plaintiff's claims. Augusta denies any liability and is confident it will prevail in the litigation and recoup its attorneys' fees and costs incurred.
Source: Item 3 — LITIGATION (FDD pages 11–12)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, a former franchisee, Abraham Bilgoray, filed a lawsuit against Mike Andes, Augusta Franchise LLC, Augusta Franchise LLC Suite, and Augusta Lawn Care Corporation. The case, Civil Action No. 7:25-cv-00584, is pending in the United States District Court for the Southern District of New York, having been moved from the Supreme Court of New York, Rockland County. The original filing date was December 16, 2024, and it was moved to federal court on January 21, 2025.
The franchisee alleges fraud and negligent misrepresentation, claiming that he did not receive Augusta Lawn Care's Franchise Disclosure Document (FDD) before signing the franchise agreement. As a result, the franchisee is seeking rescission of the contracts and restitution.
Augusta Lawn Care has responded by filing a motion to stay, transfer, or dismiss the case, citing several reasons. These include that the franchise agreement mandates claims be brought before the American Arbitration Association (AAA), or if not, in the United States District Court for the Western District of Washington. Augusta also argues that the franchisee's claims are deficient under the Federal Rules of Civil Procedure, lack merit under the relevant documents, and are barred by the applicable statute(s) of limitations. Augusta Lawn Care denies any liability and expects to win the case, also seeking to recover its legal fees and costs.