Experience Details  Representation: Anti-Waiver Provisions in
Franchisees' State Franchise Statutes Trumped by Texas Law
Participating Attorneys: Coldwell, Deborah S., Gibson, Iris,
White, William D. Services: Franchise Litigation December 17,
2008  Description: The federal court for the Western District of
Texas dismissed all of the Curves franchisees’ causes of action
based on the laws of their home states because Texas law, the
law of the franchisor’s location and the law set forth in the
choice of law clauses, applies. In this consolidated action,
several Curves franchisees located across the United States
asserted twenty-six non-Texas statutory claims based on the
franchise act and consumer protection laws in the states where
the franchisees are located. Franchisees argued that the anti-
waiver provisions found in the laws of eleven states that
contain franchises owned and/or previously owned by plaintiffs
required the application of the laws where the franchisees are
located. The federal court rejected t