C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER D—TRADE REGULATION RULES › PART 436—DISCLOSURE REQUIREMENTS AND PROHIBITIONS CONCERNING FRANCHISING › Subpart D—Instructions

16 C.F.R. § 436.7

Instructions for updating disclosures

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(a) All information in the disclosure document shall be current as of the close of the franchisor's most recent fiscal year. After the close of the fiscal year, the franchisor shall, within 120 days, prepare a revised disclosure document, after which a franchise seller may distribute only the revised document and no other disclosure document.

(b) The franchisor shall, within a reasonable time after the close of each quarter of the fiscal year, prepare revisions to be attached to the disclosure document to reflect any material change to the disclosures included, or required to be included, in the disclosure document. Each prospective franchisee shall receive the disclosure document and the quarterly revisions for the most recent period available at the time of disclosure.

(c) If applicable, the annual update shall include the franchisor's first quarterly update, either by incorporating the quarterly update information into the disclosure document itself, or through an addendum.

(d) When furnishing a disclosure document, the franchise seller shall notify the prospective franchisee of any material changes that the seller knows or should have known occurred in the information contained in any financial performance representation made in Item 19 (section 436.5(s)).

(e) Information that must be audited pursuant to § 436.5(u) of this part need not be audited for quarterly revisions; provided, however, that the franchisor states in immediate conjunction with the information that such information was not audited.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2023 · leading case: MTR Capital, LLC v. Lavida Massage Franchise Dev., Inc. (E.D. Mich. 2020).
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MTR Capital, LLC v. Lavida Massage Franchise Dev., Inc. (E.D. Mich. 2020). · cites it 3× “Additionally, 16 C.F.R. § 436.7 (b) instructs franchise sellers to make quarterly updates to the FDD “to reflect any material change to the disclosures included.”
Sugarlips Bakery, LLC v. A&G Franchising, LLC (M.D. Tenn. 2022). “” 16 C.F.R. § 436.7 (a). The plaintiffs assert, upon information and belief, that A&G’s FDD was “created, read, and approved” by Thompson and Butler.”
Lunt v. Frost Shades Franchising, LLC (M.D. Tenn. 2023). “” 16 C.F.R. § 436.7 (a). Frost Shades is a franchisor whose franchisees “sell[] and install[] residential window tinting, commercial window tinting, decorative and designer window films, and privacy and security films” under the “Frost Shades” brand.”
B&P Glass & Mirror, LLC v. Clozetivity Franchising, LLC (M.D. Tenn. 2023). “” 16 C.F.R. § 436.7 (a). Clozetivity is a franchisor whose franchisees “provide[] customized closet and storage solutions.”
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