MILWAUKEE — A group of Quiznos Sub franchisees has filed a class-action complaint against the company in Wisconsin's Milwaukee County Circuit Court.
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 Nov. 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). 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.
According to the Toasted Subs Franchisee Association Inc. (TSFA), an independent Quiznos franchisee organization, 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."
