FDD Items 3 & 4 · 2025 filing
PrimoHoagies litigation history
What PrimoHoagies 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 & 4 at a glance
What the filing discloses
- Cases disclosed
- 1
- Item 3, as counted in the filing
- Largest disclosed settlement
- Not extracted
- 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
One concluded arbitration: Scarlata-Nesbitt v. PrimoHoagies Franchising, Inc. (JAMS, filed 3/11/2015) — franchisee alleged fraud/misrepresentation, RICO, NJ Franchise Practices Act and Consumer Fraud Act violations, sought $1,000,000; most claims dismissed on summary judgment except a territory-adjacent relocation claim; arbitrator awarded $54,400 plus costs/fees totaling $134,472; parties later reached confidential settlement (Dec 2016).
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?