Verlo Mattress: Litigation & Risk
Retail · FDD Items 3, 4 & 5
Moderate: Review
4 cases disclosed in FDD Items 3 and 4.
FDD Items 3 & 4
Litigation Metrics
- Cases disclosed
- 4
- Total from FDD Items 3 and 4
- Bankruptcy (Item 4)
- None
- Franchisor or officer bankruptcy
- Verdict score
- 54 / 100
- FranchiseVerdict composite · higher is better
- Rating
- B
- A / B / C / D / F verdict grade
7(a) FOIA data · FY2020–present
SBA Loan Performance
Aggregated from public SBA 7(a) loan disclosures. Charge-off rate is the share of loans that were charged off or settled for less than the full balance.
- Total 7(a) loans
- 11
- Government-backed loans issued
- Charge-off rate
- 0.0%
- vs 16% franchise average
- 5-yr charge-off rate
- 0.0%
- Defaults
- 0 loans
- Loans charged off or defaulted
- Total loan volume
- $6.1M
- Avg loan size
- $555K
- Participating lenders
- 6
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
- 2 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
- Wisconsin
- State whose law governs disputes. Relevant if you're not based there
Extracted from FDD Item 3
Litigation Detail
Four disclosed cases as of Item 3: (1) MKD Investment Holdings, LLC v. FWR, LLC (AAA arbitration, filed Dec. 2024) alleging misrepresentation in the FDD, seeking rescission and $2M damages; Verlo counterclaimed; (2) The Marcus Corporation, et al. v. MKD Investment Holdings, LLC (E.D. Wis. declaratory judgment action re: arbitrability, filed Aug. 2025), with MKD counterclaiming; (3) North Shore Z's LLC v. FWR, LLC (AAA arbitration, filed May 2025) alleging misrepresentation, seeking rescission and $700,000 damages, with Verlo counterclaiming; final hearing scheduled Sept. 2026; (4) NN3 BP Associates, LLC v. Noble Ventures 317, LLC, et al. (Indiana state court, landlord breach-of-lease action) in which the franchisee cross-claimed against Verlo alleging FDD misrepresentation; Verlo's motion to compel arbitration was granted.
What drove the 54/100 verdict
Risk Score Breakdown
- 01MINORNet loss -$910,605 on revenue $2,226,609
- 02MINORThin net worth $108,359
- 03MINORFinancial distress flag
- 04HIGHNo litigation or bankruptcy
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.