Does the Ben Jerrys agreement allow for consolidated, common, representative, or class actions?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Any legal action brought by any party against the other in any forum or court, whether federal or state, shall be brought only within the judicial district in which BEN & JERRY'S has its principal place of business at the time the action or proceeding is initiated. Any such action shall be brought in federal court if federal court jurisdiction exists and, if it does not exist, then in state court. The parties agree that this Section 15 shall not be construed as preventing either party from removing an action from state to federal court. The parties hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
Any proceeding to resolve a dispute shall be conducted on an individual basis, and not as part of a consolidated, common, representative, or class action.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, any legal action must be conducted on an individual basis. Specifically, the agreement prohibits franchisees from participating in consolidated, common, representative, or class actions against Ben & Jerrys.
This clause means that a franchisee cannot join with other franchisees to file a single lawsuit against Ben & Jerrys. Each franchisee must pursue their legal claims independently. This can be a disadvantage for franchisees, as it prevents them from pooling resources and sharing the costs of litigation. It also prevents franchisees from presenting a united front against the franchisor, which could reduce their bargaining power.
Such clauses are relatively common in franchise agreements. Franchisees should carefully consider the implications of this clause before investing in a Ben & Jerrys franchise, as it could limit their legal options in the event of a dispute with the franchisor.