Title 10, Chapter 1, Section 623
( 10-1-623)
(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his or her business or property by a violation of a provision of this article relating to that franchise or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may file a petition with the Department of Revenue as provided in Code Section 10-1-667 or may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief. Said person may recover damages therefor in any amount equal to the greater of (1) the actual pecuniary loss or (2) three times the actual pecuniary loss, not to exceed $750,000.00. In addition, said person may recover costs and reasonable attorney's fees as damages. Upon a prima-facie showing by the person filing the petition or cause of action that a violation of this article has occurred, the burden of proof shall then be upon the opposing party to prove that such violation did not occur. (b) If the franchisor engages in aggravated or continued multiple
intentional violations of a provision or provisions of this article,
the court may award punitive damages in addition to any other
damages authorized under this part. (c) A dealer, owner, or other party, if he has not suffered any loss
of money, property, employment rights, or business opportunity, may
obtain final equitable relief if it can be shown that the violation
of a provision of this article by a franchisor may have the effect
of causing such loss of money, property, employment rights, or
business opportunity. (d) This Code section shall not prevent a dealer from voluntarily
entering into a valid release agreement. (e) Any corporation or association which is primarily owned by or
comprised of dealers and which primarily represents the interests of
dealers shall have standing to file a petition or cause of action
with the Department of Revenue or with any court of competent
jurisdiction for itself or by, for, or on behalf of any dealer or
group of dealers for an alleged violation of this article or for the
determination of any rights created by this article. (f) In addition to any county in which venue is proper in accordance
with any provision of the Constitution of this state or any other
provision of this Code, in any cause of action brought against a
manufacturer, franchisor, or distributor which is a corporation by a
dealer for any alleged breach of the franchise agreement or alleged
violation of this article or for the determination of any rights
created by the franchise agreement or this article, venue shall be
proper in the county in which the dealer engaged in the business of
selling the products or services of such manufacturer, franchisor,
or distributor, and the manufacturer, franchisor, or distributor
which is a corporation shall be deemed to reside in such county for
venue purposes. Any provision of a franchise or other agreement,
under which the parties determine, agree to, control, restrict,
establish, limit, or direct the venue in which a cause of action
under this article shall be brought, shall be void. |