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FranchiseVerdict

FDD Items 3 & 4 · 2026 filing

Embassy Suites by Hilton litigation history

What Embassy Suites by Hilton disclosed about lawsuits, arbitrations and bankruptcy in the 2026 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.

Items 3 (litigation) & 4 (bankruptcy) at a glance

What the filing discloses

Cases disclosed
15
Item 3, as counted in the filing
Largest settlement, franchisor's own cases
Not extracted
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2026
Disclosures cover the prior ten years

Extracted from the 2026 Franchise Disclosure Document

Item 3: litigation

5 pending actions (1 vs franchisor breach of contract, 4 class action antitrust); 5 concluded actions involving franchisor (breach of contract, consumer protection/fee disclosure settlements with TX $2.1M and NE $300K, franchise disputes); 4 collection suits against former franchisees; 1 historical 1971 Sherman Act consent decree involving predecessor HHC

Disclosure signals that moved the score

How this shows up in the verdict

  • Multiple active antitrust lawsuits and recent AG settlements indicate systemic compliance issues with pricing transparency and guest fee disclosures
  • Litigation pattern shows breach of contract and termination disputes with franchisees, suggesting contentious franchisor-franchisee relationships
  • 23-year term is lengthy given declining unit trajectory and litigation exposure; exit options may be limited

The verdict grade is FranchiseVerdict's editorial assessment across SBA loan performance, unit growth, revenue and disclosure signals. It is not investment advice.

Before you weigh a lawsuit

How to read Item 3

A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.

Questions worth asking current and former franchisees, using the contact list in Item 20:

  • Were you, or anyone you know in the system, party to a dispute with the franchisor?
  • Was it resolved by settlement, arbitration or a court, and on what terms?
  • Has the number of disputes gone up or down since you signed?