Lawsuits against Take 5 Oil Change fall into two main groups: consumer cases alleging that technicians damaged vehicles during routine service — often by draining oil without refilling it or draining the wrong fluid entirely — and an employee collective action alleging unpaid overtime. Who you can actually sue depends on whether the location that serviced your car is company-owned or run by a franchisee.
What Customers Are Suing Over
Investigative reporting by Action News Jax and Cox Media Group identified multiple lawsuits filed against Take 5 across the country, with a recurring allegation: technicians drained the old oil but failed to add new oil, or drained the wrong fluid, causing catastrophic engine or transmission failure.1Yahoo News. Investigates: Take 5 Blamed for Substandard Work on JSO Vehicles
The reported cases give a sense of the damage involved. In Charlotte, North Carolina, customer Ben Brown said he needed a $13,000 engine replacement after a Take 5 service. In Georgia, Robin Porterfield said a Take 5 location drained her Volvo’s oil without replacing it, leaving the vehicle out of commission for more than six months. In DeLand, Florida, Shannon Gerdauskas said a Take 5 worker drained her transmission fluid instead of her engine oil in October 2025, causing the transmission to fail.2WFTV. Woman Blames Popular Oil Change Shop for Ruining Her Transmission A Texas lawsuit alleged that Take 5 destroyed the engine of a 2013 Dodge Charger under similar circumstances.1Yahoo News. Investigates: Take 5 Blamed for Substandard Work on JSO Vehicles
Who You Actually Sue: Franchisee vs. Corporate
Take 5 operates under a hybrid model of company-owned and franchised locations. It began franchising in 2017 and had opened its 300th U.S. franchise by late 2023.3Take 5 Oil Change. Franchise Growth When a franchisee runs the shop that serviced your car, the franchisee — not Driven Brands or Take 5, LLC — is typically the defendant in your case.
Indiana litigation shows how that plays out. A plaintiff identified as J. Williams filed a $10,000 claim over engine failure in a 2013 Chevrolet Equinox after service at a Take 5 on North Michigan Road in Hamilton County. The named defendant is Baldwin Capital Partners, LLC, the local franchisee, represented by Ice Miller. The Indiana Court of Appeals affirmed dismissal in September 2025 on res judicata grounds, meaning the claims had already been adjudicated, and ordered Williams to pay attorney fees, citing “bad faith, frivolity, and harassment.” A Hamilton County judge separately restricted Williams’s communications with the defendants. As of April 2026, Indiana Supreme Court Chief Justice Loretta Rush had granted a belated filing for a petition to transfer, meaning the state’s highest court may still review the case.4WOWO. Take 5 Lawsuit
A public records request to the Indiana Attorney General’s Office turned up 23 consumer complaints related to Baldwin Capital Partners and Take 5 in Indiana, and reporting noted that Baldwin Capital Partners has been sued more than a dozen times across the state over similar allegations. No formal enforcement action by the Attorney General’s Office has been reported.4WOWO. Take 5 Lawsuit
Take 5 has said its services conform to manufacturer warranties and are backed by a 30-day or 1,000-mile warranty, and that the company tries to resolve customer issues even after that period expires.1Yahoo News. Investigates: Take 5 Blamed for Substandard Work on JSO Vehicles
The Jacksonville Sheriff’s Office Findings
A government agency reached conclusions similar to those in consumer suits. Between July 2021 and August 2023, the Jacksonville Sheriff’s Office in Florida documented 45 instances of vehicle problems attributed to substandard work by Take 5, which held a contract to service the JSO fleet. The issues cost JSO more than $6,000 in parts and labor, plus over $750 in officer downtime, and repeatedly pulled patrol vehicles out of service.1Yahoo News. Investigates: Take 5 Blamed for Substandard Work on JSO Vehicles
The City of Jacksonville’s Office of Inspector General issued a report confirming that officer complaints about Take 5’s performance were valid and that the vendor’s work generated additional costs for the city. The OIG recommended better vendor oversight, monitoring, and formal notification when repetitive repair patterns emerge.1Yahoo News. Investigates: Take 5 Blamed for Substandard Work on JSO Vehicles
The Employee Overtime Lawsuit
Take 5 has also been sued by its own workers. In July 2023, former shop managers Christopher Moore and Austin Hill filed a collective action under the Fair Labor Standards Act against Take 5, LLC and Driven Brands Shared Services, LLC in the U.S. District Court for the Western District of North Carolina. Moore v. Take 5, LLC, No. 3:23-cv-00429, alleged the company failed to pay overtime wages required by federal law.5CourtListener. Moore v. Take 5, LLC
In November 2023, the court granted conditional certification as an FLSA collective and authorized notice to potential opt-in plaintiffs, and numerous individuals filed consent forms to join. The court then stayed the case pending alternative dispute resolution. In October 2024, the court allowed the plaintiffs to add Rule 23 state-law class claims.6Midpage. Moore v. Take 5, LLC The case was terminated on October 20, 2025. The public docket does not disclose the terms of any resolution or settlement.5CourtListener. Moore v. Take 5, LLC
Complaint Volume and BBB Rating
As of July 2024, Take 5 Oil Change held an “F” rating from the Better Business Bureau, which had logged more than 700 complaints against the company over the preceding three years.1Yahoo News. Investigates: Take 5 Blamed for Substandard Work on JSO Vehicles If your vehicle was damaged, identify whether the shop is corporate or franchised before filing anything, keep the service receipt and any diagnostic reports from an outside mechanic, and be aware of the 30-day or 1,000-mile warranty window the company cites when responding to claims.