Franchise Laws Guide • Biz50StartUp

U.S. Franchise Laws by State

Navigate federal and state franchise regulations to ensure compliance when buying or selling a franchise.

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Federal Trade Commission (FTC) Franchise Rule

All franchisors in the United States must comply with the FTC Franchise Rule, which requires providing a Franchise Disclosure Document (FDD) at least 14 days before a franchisee signs any agreement or pays any money.

14-Day Rule: FDD must be provided before any commitment

State Franchise Law Categories

Registration States
Strictest Requirements

Franchisors must register their FDD with state agencies and receive approval before offering franchises.

Requirements:

  • • State agency review and approval
  • • Additional disclosure requirements
  • • Specific relationship provisions
  • • Penalties for non-compliance

States (15):

California
Hawaii
Illinois
Indiana
Maryland
Michigan
Minnesota
New York
North Dakota
Oregon
Rhode Island
South Dakota
Virginia
Washington
Wisconsin

Special Note: CT, ME, NC, SC require registration only without federally registered trademark.

Filing States
Moderate Requirements

Require notice filing or one-time submission with fee, but typically no state review of FDD.

Requirements:

  • • One-time filing with state agency
  • • Filing fee required
  • • Notice to state of operations
  • • No state FDD review

States (7):

Florida
Georgia
Kentucky
Louisiana
Nebraska
Texas
Utah
Non-Registration States
Federal Law Only

No specific state-level franchise registration or filing requirements beyond federal FTC compliance.

Requirements:

  • • FTC Franchise Rule compliance only
  • • 14-day FDD delivery required
  • • No state registration needed
  • • No state filing fees

The majority of U.S. states fall into this category (~33 states)

Franchise Disclosure Document (FDD) - 23 Required Items

The FDD must contain these 23 specific items to provide comprehensive information about the franchise opportunity:

Important Considerations for Franchisors & Franchisees

For Franchisees

  • Review the FDD thoroughly with a franchise attorney
  • Understand state-specific relationship laws that protect you
  • Verify the franchisor is compliant in your state

For Franchisors

  • Register in all required states before offering franchises
  • Maintain compliance with ongoing state requirements
  • Work with franchise attorneys familiar with each state's laws

⚖️ Legal Counsel Recommendation

Because franchise laws are complex and vary significantly, both prospective franchisors and franchisees should seek legal counsel from a franchise attorney familiar with the specific laws of the states where they plan to do business.

Resources & Next Steps

Government Resources

  • • FTC Franchise Rule Guide
  • • State Securities Regulators
  • • NASAA Franchise Resources
  • • SBA Franchise Information

Professional Help

  • • Find a Franchise Attorney
  • • Franchise Consultants
  • • International Franchise Association
  • • State Bar Association Referrals
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