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FDD Items 3 & 4 · 2025 filing

OctoClean litigation history

What OctoClean disclosed about lawsuits, arbitrations and bankruptcy in the 2025 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
2
Item 3, as counted in the filing
Largest settlement, franchisor's own cases
None stated
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2025
Disclosures cover the prior ten years

Extracted from the 2025 Franchise Disclosure Document

Item 3: litigation

Case 1: Aguirre et al. AAA arbitration (filed 2018); OctoClean sued former franchisees for breach/trade secret misappropriation; ultimately awarded damages against co-respondents. Case 2: California DFPI Commissioner enforcement — OctoClean entered franchise agreements while unregistered; resolved via consent order September 2023 with $35,000 penalty and offers to rescind affected agreements.

Item 3 (litigation) · 2 matters disclosed

Litigation cases

The franchisor

Concluded (2)

  • The Commissioner of Financial Protection and Innovation v. OctoClean Franchising Systems, Inc.

    concluded

    Government or regulatory action · filed 2023-09-05 · California Department of Financial Protection and Innovation

    “… Before the Department of Financial Protection and Innovation of the State of California.”Page 14 of the 2025 FDD, Item 3
  • OctoClean Franchising Systems, Inc. v. Aguirre et al.

    judgment

    Brought against a franchisee · filed 2018-04-11 · American Arbitration Association · 01-18-0001-4807

    “… American Arbitration Association, Case No. 01-18-0001-4807 was initiated on April 11, 2018.”Page 13 of the 2025 FDD, Item 3

    Outcome: “On March 24, 2021, the Court granted OctoClean’s petition and ordered judgement in favor of OctoClean and against 24/7 Construction for the award of compensatory damages, pre-judgment interest, punitive damages and reimbursement of administrative fees.” (page 14)

Item 3 lists the litigation the franchisor must disclose; a matter against a parent, an affiliate or a named officer is not a matter against the franchisor, and pending claims are allegations, not findings.

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?