LD 1931
pg. 1
LD 1931 Title Page An Act to Amend the Franchise Law Page 2 of 7
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LR 2820
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 10 MRSA §1173, as amended by PL 1997, c. 521, §6, is
further amended to read:

 
§1173. Attorney General and civil remedies

 
1. Civil remedies. Any franchisee or motor vehicle dealer who
suffers financial loss of money or property, real or personal, or
who has been otherwise adversely affected as a result of the use
or employment by a franchisor of an unfair method of competition
or an unfair or deceptive act or any practice declared unlawful
by this chapter may bring an action for damages and equitable
relief, including injunctive relief. When the franchisee or
dealer prevails, the franchisee or dealer may recover 3 times the
amount of the damages sustained and, in addition, the court shall
award attorney's fees to the franchisee or dealer, regardless of
the amount in controversy, and assess costs against the opposing
party. For the purpose of the award of attorney's fees and
costs, whenever the franchisee or dealer is seeking injunctive or
other relief, the franchisee or dealer may be considered to have
prevailed when a judgment or other final order providing
equitable relief is entered in its favor. A final judgment, order
or decree rendered against a person in any civil, criminal or
administrative proceeding under the United States antitrust laws,
under the Federal Trade Commission Act, under the Maine Revised
Statutes or under this chapter is regarded as prima facie
evidence against the person subject to the conditions set forth
in the United States antitrust laws, 15 United States Code,
Section 16.

 
Sec. 2. 10 MRSA §1174, sub-§3, ¶F-1 is enacted to read:

 
F-1.__To vary or change the cost or the markup in any
fashion or through any device to any dealer for any motor
vehicle of that line make based on:

 
(1)__The sale by any dealer of extended warranties or
service contracts;

 
(2)__The purchase by any dealer of furniture or other
fixtures from any particular source; or

 
(3)__The purchase by any dealer of computers or other
technology from any particular source;

 
Sec. 3. 10 MRSA §1174, sub-§3, ¶I, as amended by PL 1997, c. 521, §12,
is further amended to read:


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