Checkers / Rally’s: Litigation & Risk
Quick-Service Restaurants · FDD Items 3, 4 & 5
Moderate: Review
3 cases disclosed in FDD Items 3 and 4.
FDD Items 3 & 4
Litigation Metrics
- Cases disclosed
- 3
- Total from FDD Items 3 and 4
- Bankruptcy (Item 4)
- None
- Franchisor or officer bankruptcy
- Verdict score
- 56 / 100
- FranchiseVerdict composite · higher is better
- Rating
- B
- A / B / C / D / F verdict grade
7(a) FOIA data · FY2020–present
SBA Loan Performance
Aggregated from public SBA 7(a) loan disclosures. Charge-off rate is the share of loans that were charged off or settled for less than the full balance.
- Total 7(a) loans
- 94
- Government-backed loans issued
- Charge-off rate
- N/A
- vs 16% franchise average
- 5-yr charge-off rate
- N/A
- Defaults
- 0 loans
- Loans charged off or defaulted
- Total loan volume
- $16.2M
- Avg loan size
- $854K
- Participating lenders
- 0
FDD Items 5, 6 & 17: What You Give Up
Contract Risk Indicators
- Mandatory arbitration
- Required
- Disputes resolved outside court, limits your legal options
- Jury trial waiver
- Not waived
- Non-compete
- 2 yrs
- Post-termination restriction on similar businesses
- Franchisor can compete
- Yes
- Franchisor can open competing locations in or near your territory
- Right of first refusal
- Yes
- Franchisor can match any purchase offer when you try to sell
- Governing law
- FL
- State whose law governs disputes. Relevant if you're not based there
Extracted from FDD Item 3
Litigation Detail
1 pending matter: Baby Buford (former franchisees' wrongful termination/advertising misappropriation arbitration). 1 concluded matter: Cotter/Dinh consolidated data breach class action settled with vouchers/reimbursements. 1 franchisor-initiated matter: Southern Shoals cross-claim for indemnification against franchisee in loan default case.
What drove the 56/100 verdict
Risk Score Breakdown
- 01MINORUnit count declining 3.6% YoY (761 units) signals system contraction and potential market saturation
- 02HIGHMultiple active litigation matters including wrongful termination claims, data breach settlement, and franchisor indemnification disputes indicate operational and legal instability
- 03MEDNet income of $154,055 on $1.1M revenue (14% margin) is thin for QSR with 4% royalty obligation, leaving limited buffer for underperformers
- 04MINORHigh investment ceiling ($2.1M+) combined with declining unit count creates elevated risk of poor ROI and difficulty exiting
- 05MINORAbsence of Item 19 financial performance data prevents independent verification of average revenue/income claims
- 06HIGHProtected territory insufficient offset given brand momentum is negative and litigation suggests franchisor-franchisee relationship strain
Severity inferred from FDD text. Not a regulatory or legal classification
Litigation data from FDD Items 3, 4, and 5. SBA data from public 7(a) FOIA records (FY2020–present). Not legal advice. Consult a franchise attorney before signing any franchise agreement.