Under what circumstances can Del Taco franchisees seek treble damages?

According to the 2025 Del Taco Franchise Disclosure Document, franchisees in Washington may be able to seek treble damages under certain conditions, as permitted by RCW 19.100.190. Specifically, any provisions in the franchise agreement or related documents that require franchisees to waive exemplary, punitive, or similar damages are considered void. However, there is an exception: such waivers are permissible if they are part of a negotiated settlement reached after the franchise agreement is already in effect, and both parties are represented by independent legal counsel, in accordance with RCW 19.100.220(2).

This means that Del Taco franchisees in Washington have the right to pursue treble damages if they believe they have a valid claim, unless they've explicitly waived this right under the specific conditions mentioned above (negotiated settlement with independent counsel). This protection is afforded by Washington state law, which takes precedence over any conflicting terms in the franchise agreement.

For a prospective Del Taco franchisee in Washington, this is a significant protection. It ensures that they are not forced to give up their right to seek substantial damages in case of serious issues with the franchise, unless they knowingly and willingly agree to do so as part of a settlement. It is important for franchisees to be aware of this right and to seek independent legal advice before signing any waivers or settlements that could affect their ability to claim damages.