What is the maximum time after delivery of a written notice disclosing a violation 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 for liability under the Illinois Franchise Disclosure Act. Specifically, the franchisee must bring the action before the earliest of three deadlines.
First, the action must be brought within three years after the act or transaction that constitutes the violation. Second, the action must be brought within one year after the franchisee becomes aware of facts reasonably indicating a potential claim. Finally, and most relevant to the question, the action must be brought within 90 days after the delivery of a written notice disclosing the violation.
This means that if Kidokinetics delivers a written notice disclosing a violation, the franchisee has only 90 days from the date of delivery to bring an action. This relatively short timeframe underscores the importance of promptly assessing any potential claims and seeking legal advice upon receiving such a notice. The FDD also states that Illinois law will control and supersede any inconsistent provision in the Franchise Agreement.