Franchisees gain right to sue franchisors directly over contract violations
H.R. 4614 — Franchisee Freedom Act · Filed by Jan Schakowsky (D-IL) · 4 cosponsors · Introduced Jul 22, 2025 · Referred to committee
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What it does
This bill creates a private right of action allowing franchisees (people who buy and operate franchise businesses) to sue franchisors (the companies that sell franchises) directly in court for violations of the FTC's Franchise Rule. It also prohibits franchisors from punishing franchisees who band together with other franchisees or join trade associations. Currently, only the FTC can enforce the Franchise Rule; this bill lets harmed franchisees recover actual damages, contract rescission, and attorney fees without waiting for government action.
Why we flagged it
The bill's operative mechanism is straightforward: it creates a private cause of action for franchisees and restricts franchisor retaliation. This is a litigation-enabling measure, not a regulatory rewrite. It expands remedies available to a specific class of small-business operators.
What the text implies
- Franchisees may face higher franchise fees or stricter contract terms as franchisors price in litigation risk, potentially offsetting some benefit to new franchisees.
- The bill does not define 'harm' or establish causation standards, leaving courts to develop doctrine; outcomes may vary widely by jurisdiction and judge.
- Franchisors may respond by tightening non-compete and non-association clauses in other ways not explicitly prohibited (e.g., territorial restrictions, performance penalties unrelated to association).
- The concurrent jurisdiction provision (state or federal court) may create forum-shopping incentives and inconsistent application of the Franchise Rule across states.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Franchisees are small-business operators who typically operate under highly asymmetrical contracts with large franchisors. This bill shifts enforcement power from a single federal agency (FTC) to individual franchisees, lowering barriers to remedy and enabling collective action without retaliation. The prohibition on franchisor retaliation for association directly addresses a documented power imbalance in franchise relationships.
Who stands to gain
- franchisees (small-business operators)
- plaintiff-side franchise litigation attorneys
Named in the bill
Federal Trade Commission (FTC), 16 CFR Part 436 (Franchise Rule), franchisors, franchisees, trade associations
Where it stands
4 cosponsors: 4 Democrats.
- Jul 22, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jul 22, 2025 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
Money around this bill
2 lobbying clients named this bill on 3 disclosure filings across 2 quarters, Dec 2025 to Jun 2026. Those filings disclosed $24,677 in lobbying spend. A filing names 6 bills on average, so that figure is what each filing reported, not a share belonging to this bill.
More lobbying clients named this bill than 41% of bills with at least one filing.
Jan Schakowsky, the sponsor, reported $88,051 in PAC receipts in the 2026 cycle.
- American Association of Franchisee & Dealers — $18,000 on 2 filings
- Asian American Hotel Owners Association (aahoa) — $6,677 on 1 filing
Lobbying Disclosure Act filings through Jul 8, 2026. A filing shows who paid to lobby on a bill it names, not what changed.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (1,130 characters) on Sep 25, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 14,985 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
Money — Senate Lobbying Disclosure Act filings whose specific-issue field names this bill for quarters ending Dec 2025 to Jun 2026. A filing's amount is reported whole beside the median number of bills a filing names; it is never divided across them. PAC receipts are FEC-reported contributions to the sponsor's candidate committee in the 2026 cycle.
As of — lobbying records through Jul 8, 2026 · page rendered 2026-09-25.
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