What is the maximum time after becoming aware of facts indicating a potential claim that a Kidokinetics franchisee in Illinois has to bring an action?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Under Section 705/27 of the Illinois Franchise Disclosure Act, no action for liability under the Illinois Franchise Disclosure Act can be maintained unless brought before the expiration of three years after the act or transaction constituting the violation upon which it is based, the expiration of one year after you become aware of facts or circumstances reasonably indicating that you may have a claim for relief in respect to conduct governed by the Act, or 90 days after delivery to you of a written notice disclosing the violation, whichever shall first expire. To the extent that the Franchise Agreement is inconsistent with the Illinois Franchise Disclosure Act, Illinois law will control and supersede any inconsistent provision(s).
Source: Item 23 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, an Illinois franchisee has a limited time to bring an action under the Illinois Franchise Disclosure Act. Specifically, the franchisee must bring the action within one year after becoming aware of facts or circumstances that reasonably indicate they may have a claim.
However, there are other conditions that could shorten this period. An action must be brought before the expiration of three years after the act or transaction that constitutes the violation. Additionally, if Kidokinetics provides written notice disclosing the violation, the franchisee has only 90 days from the date of that notice to bring an action. The relevant period is whichever of these three timeframes expires first.
This means a potential Kidokinetics franchisee in Illinois needs to be diligent in identifying any potential violations and seeking legal advice promptly. Failure to do so within the shortest of these timeframes could result in the franchisee losing their right to pursue a claim under the Illinois Franchise Disclosure Act. Franchisees should pay close attention to any notices received from Kidokinetics regarding potential violations, as these notices trigger the shortest 90-day window for action.