Can Benjamin Franklin Plumbing change the venue for litigation from Columbia, Maryland?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 23.6. Venue for Litigation.
Franchisee and the Owners are required to file any lawsuit against us only in the federal district court for the district encompassing Columbia, Maryland (or in the closest state court to Columbia, Maryland, if the federal court lacks subject matter jurisdiction).
We may file a lawsuit against Franchisee or the Owners in the federal or state court for Columbia, Maryland or in the federal or state court where the Franchised Business is located.
We have the right to designate headquarters for the Brand at a location other than Columbia, Maryland and to substitute that location for Columbia, Maryland for purposes of this Section.
The parties irrevocably submit to the jurisdiction of such courts and waive all objections to personal jurisdiction and venue for purposes of carrying out this provision.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the brand has the right to change the venue for litigation. Specifically, the FDD states that franchisees and owners must file any lawsuit against Benjamin Franklin Plumbing in the federal district court encompassing Columbia, Maryland, or the closest state court if the federal court lacks jurisdiction. However, Benjamin Franklin Plumbing can file a lawsuit against the franchisee or owners in the federal or state court for Columbia, Maryland, or in the federal or state court where the franchised business is located.
Importantly, Benjamin Franklin Plumbing retains the right to designate a new headquarters location for the brand other than Columbia, Maryland. If they do so, this new location can be substituted for Columbia, Maryland for the purposes of determining the venue for litigation.
This means that a prospective Benjamin Franklin Plumbing franchisee could be required to litigate disputes in a location other than Columbia, Maryland, if the brand decides to move its headquarters. Franchisees should consider this when evaluating the franchise opportunity, as it could increase the cost and inconvenience of resolving legal disputes with the franchisor.