FDD Items 3 & 4 · 2022 filing
TheHomeMag litigation history
What TheHomeMag disclosed about lawsuits, arbitrations and bankruptcy in the 2022 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
- 2022
- Disclosures cover the prior ten years
Extracted from the 2022 Franchise Disclosure Document
Item 3: litigation
GDHI Marketing, LLC d/b/a GODABO Home and Life (GoDabo) as plaintiff in two cases: (1) Civil Action No. 18-cv-2672 MSK (U.S. District Court, District of Colorado) filed October 19, 2018, against Antsel Marketing, LLC, THM Management, LLC, Claire Lindsay, Annie Mullen, Barbara Robles, and Ellen Smith for Sherman Act violations, Lanham Act violations, and tortious interference. Dismissed September 23, 2019 in favor of Defendants. (2) Civil Action No. 19-cv-34024 (U.S. District Court, District of Colorado) filed October 18, 2019, against Antsel Marketing, LLC, THM Management, LLC, Claire Lindsay, Russell Lindsay, Annie Mullen, Barbara Robles, and Ellen Smith for anticompetitive actions and tortious interference. Dismissed March 5, 2021 in favor of Defendants.
Item 3 (litigation) · 2 matters disclosed
Litigation cases
The franchisor
Concluded (2)
GDHI Marketing, LLC d/b/a GODABO Home and Life (“GoDabo”), Plaintiff v. Antsel Marketing, LLC d/b/a TheHomeMag Front Range, THM Management, LLC d/b/a TheHomeMag, Claire Lindsay, Russell Lindsay, Annie Mullen, Barbara Robles, Ellen Smith, Defendants
dismissedBrought by a third party · filed 2019-10-18 · U.S. District Court for the District of Colorado · 19-cv-34024
“Civil Action No. 19-cv-34024. On October 18, 2019 GoDabo filed this action for Defendants’ anticompetitive actions, tortious and unlawful conduct.”Page 10 of the 2022 FDD, Item 3
Outcome: “This case was dismissed on March 5, 2021 in favor of the Defendants. Other than these two cases, no litigation is required to be disclosed in this Item.”
GDHI Marketing, LLC d/b/a GODABO Home and Life (“GoDabo”), Plaintiff v. Antsel Marketing, LLC d/b/a TheHomeMag Front Range, THM Management, LLC d/ba/ TheHomeMag, Claire Lindsay, Annie Mullen, Barbara Robles, Ellen Smith, Defendants
dismissedBrought by a third party · filed 2018-10-19 · U.S. District Court for the District of Colorado · 18-cv-2672 LTB (now 18-cv-2672 MSK)
“Civil Action No. 18-cv-2672 LTB (case reassigned on October 23, 2018, now 18-cv-2672 MSK). On October 19, 2018 GoDabo filed this action for Defendants’ violations of Sections 1 and 2 of the Sherman Act and Section 43(a) of the Lanham Act and anticompetitive actions, tortious and unlawful conduct.”Page 10 of the 2022 FDD, Item 3
Outcome: “This case was dismissed on September 23, 2019 in favor of the Defendants. GDHI Marketing, LLC d/b/a GODABO Home and Life (“GoDabo”), Plaintiff v. Antsel Marketing, LLC d/b/a TheHomeMag Front Range, THM Management, LLC d/b/a TheHomeMag, Claire Lindsay, Russell Lindsay, Annie Mullen, Barbara Robles, Ellen Smith, Defendants.”
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?