In South Dakota, which department oversees franchise administration related to Carls Jr.?
Carls_Jr Franchise · 2025 FDDAnswer from 2025 FDD Document
I. FOR THE FOLLOWING STATES ONLY: CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, WISCONSIN
If Developer is a resident of one of the states listed in the heading of this Section 23.I (the "Applicable Franchise Registration State") or a non-resident who is acquiring franchise rights permitting the location of a Franchised Restaurant in the Applicable Franchise Registration State, then the following applies:
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 76–364)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the excerpt includes a section that applies to franchisees residing in or planning to operate a Carls Jr. franchise in South Dakota, along with several other states. This section stipulates that no agreement signed by the franchisee can waive rights under state franchise law or disclaim reliance on franchisor statements. However, the excerpt does not specify which particular department or agency in South Dakota is responsible for overseeing franchise administration.
This information would be crucial for a prospective Carls Jr. franchisee in South Dakota to understand their rights and who to contact for regulatory oversight. Without knowing the specific department, franchisees may struggle to address concerns or resolve disputes related to their franchise agreement.
To gain clarity, a potential Carls Jr. franchisee should directly ask the franchisor for details on the specific South Dakota state agency or department that handles franchise-related matters. Additionally, consulting with a franchise attorney in South Dakota can provide valuable insights into state-specific regulations and compliance requirements.