(a) Notwithstanding theterms, provisions, or conditions of any agreement or other terms or provisionsof any novation, waiver, arbitration agreement, or other written instrument,any person who is or may be injured by a violation of a provision of thisArticle, or any party to an agreement who is so injured in his business orproperty by a violation of a provision of this Article relating to thatagreement, or an arrangement which, if consummated, would be in violation ofthis Article may, notwithstanding the initiation or pendency of, or failure toinitiate an administrative proceeding before the Commissioner concerning thesame parties or subject matter, bring an action for damages and equitablerelief, including injunctive relief, in any court of competent jurisdictionwith regard to any matter not within the jurisdiction of the Commissioner orthat seeks relief wholly outside the authority or jurisdiction of theCommissioner to award.
(b) Where the violationof a provision of this Article can be shown to be willful, malicious, orwanton, or if continued multiple violations of a provision or provisions ofthis Article occur, the court may award punitive damages, attorneys' fees andcosts in addition to any other damages under this Article.
(c) A new motor vehicledealer, if he has not suffered any loss of money or property, may obtain finalequitable relief if it can be shown that the violation of a provision of thisArticle by a captive finance source may have the effect of causing a loss ofmoney or property.
(d) Any associationthat is comprised of a minimum of 400 new motor vehicle dealers, or a minimumof 10 motorcycle dealers, substantially all of whom are new motor vehicledealers located within North Carolina, and which represents the collectiveinterests of its members, shall have standing to file a petition before theCommissioner or a cause of action in any court of competent jurisdiction foritself, or on behalf of any or all of its members, seeking declaratory andinjunctive relief. Prior to bringing an action, the association and captivefinance source shall initiate mediation as set forth in G.S. 20‑301.1(b).An action brought pursuant to this subsection may seek a determination whetherone or more captive finance sources doing business in this State have violatedany of the provisions of this Article, or for the determination of any rightscreated or defined by this Article, so long as the association alleges aninjury to the collective interest of its members cognizable under this section.A cognizable injury to the collective interest of the members of theassociation shall be deemed to occur if a captive finance source doing businessin this State has engaged in any conduct or taken any action which actuallyharms or affects all of the franchised new motor vehicle dealers holdingagreements with that captive finance source in this State. With respect to anyadministrative or civil action filed by an association pursuant to thissubsection, the relief granted shall be limited to declaratory and injunctiverelief and in no event shall the Commissioner or court enter an award ofmonetary damages. (2005‑409,s. 3.)
(a) Notwithstanding theterms, provisions, or conditions of any agreement or other terms or provisionsof any novation, waiver, arbitration agreement, or other written instrument,any person who is or may be injured by a violation of a provision of thisArticle, or any party to an agreement who is so injured in his business orproperty by a violation of a provision of this Article relating to thatagreement, or an arrangement which, if consummated, would be in violation ofthis Article may, notwithstanding the initiation or pendency of, or failure toinitiate an administrative proceeding before the Commissioner concerning thesame parties or subject matter, bring an action for damages and equitablerelief, including injunctive relief, in any court of competent jurisdictionwith regard to any matter not within the jurisdiction of the Commissioner orthat seeks relief wholly outside the authority or jurisdiction of theCommissioner to award.
(b) Where the violationof a provision of this Article can be shown to be willful, malicious, orwanton, or if continued multiple violations of a provision or provisions ofthis Article occur, the court may award punitive damages, attorneys' fees andcosts in addition to any other damages under this Article.
(c) A new motor vehicledealer, if he has not suffered any loss of money or property, may obtain finalequitable relief if it can be shown that the violation of a provision of thisArticle by a captive finance source may have the effect of causing a loss ofmoney or property.
(d) Any associationthat is comprised of a minimum of 400 new motor vehicle dealers, or a minimumof 10 motorcycle dealers, substantially all of whom are new motor vehicledealers located within North Carolina, and which represents the collectiveinterests of its members, shall have standing to file a petition before theCommissioner or a cause of action in any court of competent jurisdiction foritself, or on behalf of any or all of its members, seeking declaratory andinjunctive relief. Prior to bringing an action, the association and captivefinance source shall initiate mediation as set forth in G.S. 20‑301.1(b).An action brought pursuant to this subsection may seek a determination whetherone or more captive finance sources doing business in this State have violatedany of the provisions of this Article, or for the determination of any rightscreated or defined by this Article, so long as the association alleges aninjury to the collective interest of its members cognizable under this section.A cognizable injury to the collective interest of the members of theassociation shall be deemed to occur if a captive finance source doing businessin this State has engaged in any conduct or taken any action which actuallyharms or affects all of the franchised new motor vehicle dealers holdingagreements with that captive finance source in this State. With respect to anyadministrative or civil action filed by an association pursuant to thissubsection, the relief granted shall be limited to declaratory and injunctiverelief and in no event shall the Commissioner or court enter an award ofmonetary damages. (2005‑409,s. 3.)
(a) Notwithstanding theterms, provisions, or conditions of any agreement or other terms or provisionsof any novation, waiver, arbitration agreement, or other written instrument,any person who is or may be injured by a violation of a provision of thisArticle, or any party to an agreement who is so injured in his business orproperty by a violation of a provision of this Article relating to thatagreement, or an arrangement which, if consummated, would be in violation ofthis Article may, notwithstanding the initiation or pendency of, or failure toinitiate an administrative proceeding before the Commissioner concerning thesame parties or subject matter, bring an action for damages and equitablerelief, including injunctive relief, in any court of competent jurisdictionwith regard to any matter not within the jurisdiction of the Commissioner orthat seeks relief wholly outside the authority or jurisdiction of theCommissioner to award.
(b) Where the violationof a provision of this Article can be shown to be willful, malicious, orwanton, or if continued multiple violations of a provision or provisions ofthis Article occur, the court may award punitive damages, attorneys' fees andcosts in addition to any other damages under this Article.
(c) A new motor vehicledealer, if he has not suffered any loss of money or property, may obtain finalequitable relief if it can be shown that the violation of a provision of thisArticle by a captive finance source may have the effect of causing a loss ofmoney or property.
(d) Any associationthat is comprised of a minimum of 400 new motor vehicle dealers, or a minimumof 10 motorcycle dealers, substantially all of whom are new motor vehicledealers located within North Carolina, and which represents the collectiveinterests of its members, shall have standing to file a petition before theCommissioner or a cause of action in any court of competent jurisdiction foritself, or on behalf of any or all of its members, seeking declaratory andinjunctive relief. Prior to bringing an action, the association and captivefinance source shall initiate mediation as set forth in G.S. 20‑301.1(b).An action brought pursuant to this subsection may seek a determination whetherone or more captive finance sources doing business in this State have violatedany of the provisions of this Article, or for the determination of any rightscreated or defined by this Article, so long as the association alleges aninjury to the collective interest of its members cognizable under this section.A cognizable injury to the collective interest of the members of theassociation shall be deemed to occur if a captive finance source doing businessin this State has engaged in any conduct or taken any action which actuallyharms or affects all of the franchised new motor vehicle dealers holdingagreements with that captive finance source in this State. With respect to anyadministrative or civil action filed by an association pursuant to thissubsection, the relief granted shall be limited to declaratory and injunctiverelief and in no event shall the Commissioner or court enter an award ofmonetary damages. (2005‑409,s. 3.)
