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B64/100FDD 2024

Famous Dave’s — Litigation & Risk

Food & Beverage - Full Service · FDD Items 3, 4 & 5

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Elevated Risk

16 cases disclosed in FDD Items 3 and 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
16
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
Franchisor or officer bankruptcy
Overall risk score
64 / 100
FranchiseVerdict composite
Rating
MODERATE
STRONG / MODERATE / CAUTION / AVOID

7(a) FOIA data · FY2020–present

SBA Loan Performance

Aggregated from public SBA 7(a) loan disclosures. Default rate is the share of loans that were charged off or settled for less than the full balance.

Total 7(a) loans
22
Government-backed loans issued
Default rate
0.0%
vs <3% typical · system-wide
5-yr default rate
Defaults
0 loans
Loans charged off or defaulted

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
Waived
You give up the right to a jury trial
Non-compete
1 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
laws of the state in which the Restaurant is located
State whose law governs disputes — relevant if you're not based there

What drove the 64/100 rating

Risk Score Breakdown

  1. 01MINORDeclining unit count: 12% YoY contraction (116 units) suggests system-wide performance deterioration or franchisee exits
  2. 02HIGHSignificant litigation history: 16 concluded legal actions involving franchise law violations and misrepresentations indicate regulatory/compliance concerns and potential franchisor credibility issues
  3. 03MINORNo territory protection: Franchisees lack exclusive market rights, enabling cannibalization and direct franchisor competition
  4. 04MINORHigh investment-to-revenue ratio: $6.1M maximum investment against $2.4M average revenue yields unfavorable ROI prospects and extended payback periods
  5. 05MEDUndisclosed net income: Absence of Item 19 financial performance representation prevents realistic profitability assessment
  6. 06MINOR5% royalty on declining revenues: Franchisor revenue shrinking while franchisees bear fixed costs in contracting system
  7. 07MED10-year commitment term: Long lock-in period with limited exit flexibility in deteriorating franchise environment

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.