Quiznos Franchisees Move Class Action Fight to Wisc. State Court

MILWAUKEE, March 3 /PRNewswire/ — A group of franchisees of Quiznos Sub today filed a Class Action Complaint against the company in Milwaukee County Circuit Court (State of Wisconsin).


The lawsuit, Westerfield, et al. v. The Quizno’s Franchise Company LLC, et al. (Case No. 08-CV-003158), alleges multiple violations of Wisconsin’s consumer protection laws. Among other things, the Complaint charges that Quiznos exploited its Wisconsin franchisees through deceptive trade practices, breached promises about the costs of operating a Quiznos restaurant and that the company failed to act in good faith by executing on a scheme designed to build the brand at the expense of its franchise owners.


The Complaint stems from a November 5, 2007 decision of Judge William C. Griesbach in a lawsuit filed by the same franchisees in a Wisconsin federal court, Westerfield, et al. v. The Quizno’s Franchise Company LLC, et al. (Case No. 06-C-1210). Judge Griesbach’s decision encouraged the franchisees to pursue their state law claims in Wisconsin state courts.


“Following the federal court ruling, Quiznos publicly announced that they had won this lawsuit and that it was over, but that cannot be further from the truth,” said franchisee and plaintiff John Schodron, who operates a Quiznos restaurant in Slinger, Wisc. “We will continue to fight Quiznos’ deceptive practices and policies that harm the franchisees no matter where that fight has to take place until we get the justice and fair treatment we deserve.”


The Wisconsin Complaint is one of many class action lawsuits pending around the United States against Quiznos Sub that challenges the company’s business practices as deceptive and unfair. These actions include a lawsuit in the United States District Court for the Northern District of Illinois, Siemer, et al. v. The Quizno’s Franchise Company LLC, et al. (Case No. 07-C-2170), and two in the United States District Court for the District of Colorado, Brunet, et al. v. The Quizno’s Franchise Company LLC, et al. (Case No. 07-CV-01717) and Bonanno, et al. v. The Quizno’s Franchise Company LLC, et al. (Case No. 06-CV-02358).


According to the Toasted Subs Franchisee Association, Inc. (“TSFA”), an independent Quiznos franchisee organization comprised of hundreds of franchisees from across the United States, the filing of the Milwaukee County action is a message to Quiznos’ executives that the fight is far from over. “Quiznos has given franchisees no alternative to litigation. They have refused our efforts over the years to work with them and have ignored our concerns” said TSFA president Danny Kessels. “The goal of these lawsuits has always been to right the wrongs of the past and, more importantly, to allow the franchisees that are still alive in this system to get a fair chance at success by selling the best product on the market.”


The TSFA was started in 2001 as a means to address the concerns of the Quiznos franchisee community. “We will continue to fight for change until those changes are universal throughout the Quiznos system and Quiznos acknowledges the harm it caused to thousands of franchisees over the years,” added Kessels.


First Call Analyst:
FCMN Contact:


Source: Toasted Subs Franchisee Association, Inc.