Franchise Articles

The International Franchise Association (IFA) recently released the results of its 2024 Annual Franchisee Survey. In this article, national franchise lawyer Jeffrey M. Goldstein shares his thoughts on the IFA’s latest data.

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The International Franchise Association (IFA) recently released its Franchising Economic Outlook for 2025. The Franchising Economic Outlook is an annual report that looks at historical data and provides forecasts and projections for the year ahead based on “quantitative and qualitative information relevant to franchising in the United States.” Here are some key insights and takeaways from the 2025 report from national franchise attorney Jeffrey M. Goldstein.

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With more businesses turning to franchising to grow their brands, there are now numerous franchise opportunities at all price points. While you can invest millions of dollars in a brick-and-mortar restaurant or state-of-the-art gym, you can also buy a home-based franchise for well under six figures. But, is buying a budget-friendly franchise worth it? Do you get what you pay for? Franchise attorney Jeffrey M. Goldstein shares his thoughts.

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Pickleball is one of the fastest-growing sports—and potentially the fastest-growing sport—in the United States. According to a report the Sports Business Journal published last year, “In terms of overall growth, 13.6 million people played pickleball in 2023, which contributed to a survey-leading 223.5% growth rate over the past three years.” As pickleball continues to grow in popularity, pickleball franchises are popping up with increasing frequency as well. What do you need to know about buying a pickleball franchise? New York franchise attorney Jeffrey M. Goldstein explains.

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A bill pending in the U.S. House of Representatives would give franchisees the right to sue their franchisors under the Federal Trade Commission (FTC) Franchise rule. While similar legislative efforts have failed in the past, this is a potentially significant development that franchisees should monitor in 2025. Find out more from national franchise lawyer Jeffrey M. Goldstein.

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For many current and prospective franchisees, the goal is not just to buy and operate a single outlet. Instead, the goal is to buy multiple franchises that will be operated by managers while the owner focuses on investing, reinvesting and ultimately building a much larger franchise portfolio. While this approach can prove very profitable, there are a number of inherent risks involved, and this makes it critical to work closely with an experienced franchisee lawyer who can help ensure that you are making informed decisions.

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In a recent case decided by the United States District Court for the District of Colorado, Rosenbauer America, LLC (“RBA”), a Delaware limited liability company that manufactures fire and emergency vehicles, faced a lawsuit filed by Max Fire Apparatus, Inc. (“Max Fire”), a Colorado corporation engaged in selling and distributing RBA vehicles. Max Fire alleged that RBA’s termination of the Dealer Agreement constituted breaches of the Dealer Agreement and the associated Dealer Handbook, as well as a violation of the duty of good faith and fair dealing. RBA filed a Motion for Partial Summary Judgment, seeking to preclude Max Fire from recovering damages for future lost profits or business value resulting from the termination of the Dealer Agreement. Max Fire opposed this motion, to which RBA replied. The court ultimately partially granted and partially denied the motion. Max Fire and RBA entered into a Dealer Agreement in 2016.  The Dealer Agreement was set to automatically renew annually unless terminated in writing by either party. Termination of the Agreement required written notice within thirty days via Certified Mail by either party. The agreement also referenced a “Dealer Handbook,” which required Max Fire to adhere to RBA’s established policies and the latest version of the Handbook. In November 2022, Max Fire received the August 2022 version of the Dealer Handbook. The Handbook included a termination section stating that termination, while uncommon, could occur due to non-performance, marginal performance, or critical ethical failures. Termination decisions would be based on reasons deemed adverse to […]

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Colony Place S., Inc. v. Volvo Car USA, LLC, 2024 U.S. App. LEXIS 29681 By: Jeffrey M. Goldstein In a recent case decided by the United States Court of Appeals for the First Circuit, two Massachusetts Volvo automobile dealerships sued Volvo Car USA, Volvo Car Financial Services, and Fidelity Warranty Services for allegedly violating Massachusetts General Laws Chapter 93B. The claims related to Volvo-branded Prepaid Maintenance Program (PPM) contracts administered by Fidelity that allow customers to prepay for future routine maintenance at discounted rates. The alleged violations related to Volvo-branded Prepaid Maintenance Program contracts (“PPMs”) — a financial product allowing customers to pay up front at a discounted rate for future, routine maintenance services like oil changes at Volvo dealerships — that Fidelity administers and issues to Volvo dealers, who in turn sell the PPM contracts to their customers. The dealers argued they were being underpaid for servicing these contracts. The court disagreed, ruled against the dealers, holding that the “Dealers’ Bill of Rights” did not protect them. The alleged violations related to Volvo-branded Prepaid Maintenance Program contracts (“PPMs”) — a financial product allowing customers to pay up front at a discounted rate for future, routine maintenance services like oil changes at Volvo dealerships — that Fidelity administers and issues to Volvo dealers, who in turn sell the PPM contracts to their customers. The parties cross-moved for summary judgment. After hearing argument on the cross-motions, the district court granted the defendants-appellees’ motion and denied the plaintiffs-appellants’ motion, concluding that entities like Fidelity […]

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When living through uncertain economic times, everyone needs to do their best to make informed decisions based on the limited information they have available. But, this is especially important for prospective franchisees. Buying a franchise is a long-term investment, and if people can’t afford to buy what you have to sell, no amount of money or time will be enough to save your business. As a franchisee lawyer with well over 30 years of experience, this is a fact that Jeffrey M. Goldstein knows all too well.

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A recent article in the Franchise Times discusses the “gold rush” to get in on the pickleball craze. It cites figures from FranData that show an 85.7 percent year-over-year increase in pickleball players and notes that while “[t]he race to the top in the rapidly growing pickleball space heated up in 2024 for franchisors looking to capitalize on the country’s fastest-growing participation sport. . . . [p]ickelball franchisors and their financial backers agree there is plenty of space in the industry for everyone to grow and prosper even as they compete for prime real estate locations and franchisees work to draw players to their courts.”

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