I will draft or review your franchise disclosure fdd
Licensed US Attorney, Bulletproof Franchise Agreements and FTC Compliance
About this Gig
Most franchise litigation doesn't start with a breach of contract. It starts with a defective Franchise Disclosure Document. If your FDD omits material facts or makes unauthorized earnings claims, state laws give the franchisee a statutory right of rescission. They can unwind the deal and sue for a full refund.
I am Michael Francis Rollins, a licensed U.S. attorney (Bar No. #102115). I draft, update, and audit FDDs.
The FDD is not a marketing brochure; it is a regulatory liability instrument. Item 19 (Financial Performance Representations) is the primary trap for franchisors. Improperly structured earnings claims invite fraud allegations. Furthermore, registration states like California and New York will reject your application over minor formatting discrepancies.
Scope of Representation:
Custom 23-Item FDD Drafting (16 CFR Part 436)
Annual Updates and Renewals
State-Specific Registration Addendums
Item 19 Earnings Claim Structuring
FDD Due Diligence for Prospective Buyers
Filing a non-compliant FDD stalls your expansion and creates immediate litigation exposure. Review the packages below to initiate the drafting or audit process.
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FAQ
What happens if my FDD has errors or omissions?
State laws grant franchisees a statutory right of rescission for material omissions. They can void the contract, demand a full refund of all fees, and sue for damages. It is the most common basis for franchise fraud litigation.
Can I give prospects financial projections outside the FDD?
No. The FTC prohibits financial performance representations outside of Item 19. Verbal promises, emails, or marketing brochures with unsubstantiated earnings claims invite regulatory enforcement and civil fraud lawsuits.
Does an FTC-compliant FDD work in every state?
No. Fourteen states require formal registration. State examiners will review your FDD and issue comment letters or block your application if it lacks mandatory state-specific addendums or violates local franchise laws.
How often must the FDD be updated?
The FTC requires an annual update within 120 days of your fiscal year-end. Additionally, any "material change"—such as new litigation, executive turnover, or fee adjustments—triggers an immediate duty to amend the document.
Do you prepare the audited financials for Item 21?
No. Item 21 requires balance sheets audited by an independent CPA under US GAAP. I do not provide accounting services. You must supply the completed audits, and I will integrate them into the FDD architecture.
