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FranchiseVerdict

FDD Items 3 & 4 · 2026 filing

Verlo Mattress litigation history

What Verlo Mattress disclosed about lawsuits, arbitrations and bankruptcy in the 2026 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
4
Item 3, as counted in the filing
Largest disclosed settlement
None stated
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2026
Disclosures cover the prior ten years

Extracted from the 2026 Franchise Disclosure Document

Item 3: litigation

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.

Disclosure signals that moved the score

How this shows up in the verdict

  • No litigation or bankruptcy

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?