FDD Items 3 & 4 · 2025 filing
Take 5 Oil Change litigation history
What Take 5 Oil Change 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
- 11
- 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
Multiple pending securities class action and shareholder derivative suits against parent Driven Brands Holdings Inc. and its officers/directors (Genesee, Terwilliger, Gaiman, Kalimon, Bushansky) alleging securities fraud and breach of fiduciary duty tied to a 2023 stock-drop; a Maaco (affiliate) franchisee breach-of-contract suit over ad fund misuse; a pending Take 5 Canada franchisee suit (Ali) alleging disclosure/term violations; and a concluded/settled Take 5 Canada franchisee suit (Chua) over territory rights, settled for CAN$65,000. No litigation against Take 5 (US) itself.
Disclosure signals that moved the score
How this shows up in the verdict
- Litigation is parent-level (Driven Brands), not brand-operational
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?