Can a franchisee bring a class action lawsuit against Buildingstars?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. **ANY DISAGREEMENT BETWEEN FRANCHISEE AND BUILDINGSTARS (AND ITS AFFILIATES AND OWNERS) WILL BE CONSIDERED UNIQUE AS TO ITS FACTS AND MUST NOT BE BROUGHT AS A CLASS ACTION AND FRANCHISEE WAIVES ANY RIGHT TO PROCEED AGAINST BUILDINGSTARS (AND ITS AFFILIATES,
STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) BY WAY OF CLASS ACTION, OR BY WAY OF A MULTI-PLAINTIFF, CONSOLIDATED OR COLLECTIVE ACTION.**
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Buildingstars Franchise Disclosure Document, a franchisee is prohibited from bringing a class action lawsuit against Buildingstars. The FDD explicitly states that any disagreement between a franchisee and Buildingstars must be considered unique to its facts and cannot be brought as a class action. The franchisee waives any right to proceed against Buildingstars, its affiliates, stockholders, members, managers, officers, directors, employees, agents, successors, and assigns through a class action, multi-plaintiff, consolidated, or collective action. This waiver is a significant legal constraint for franchisees.
This clause means that each franchisee must pursue any legal claims individually, which can be more expensive and time-consuming than participating in a class action. Class action lawsuits allow individuals with similar grievances to pool resources and share the costs of litigation. By waiving this right, franchisees bear the full financial and logistical burden of pursuing their claims against Buildingstars. This could deter franchisees from pursuing legitimate claims, especially if the potential damages are not substantial enough to justify the individual cost of litigation.
Such waivers are increasingly common in franchise agreements. They aim to reduce the franchisor's exposure to large, costly lawsuits. However, they can create an imbalance of power between the franchisor and individual franchisees. Prospective franchisees should carefully consider the implications of this waiver and consult with an attorney to understand their legal rights and options. It is important to assess the potential risks and benefits of entering into a franchise agreement with such a clause, as it can significantly impact their ability to seek legal recourse in case of disputes with Buildingstars.