13-14-308 - Private right of action. - Utah Statutes

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Statutes > Utah > Title-13 > Chapter-14 > 13-14-308

13-14-308. Private right of action.
(1) A franchisee has a private right of action for actual damages and reasonable attorneyfees against a franchisor for a violation of this chapter that results in damage to the franchisee.
(2) (a) As used in this Subsection (2):
(i) "New franchisor" has the same meaning as defined in Section 13-14-302.5.
(ii) "Reinstated franchise" has the same meaning as defined in Section 13-14-302.5.
(iii) "Reinstated franchisee" has the same meaning as defined in Section 13-14-302.5.
(b) A reinstated franchisee has a private right of action for actual damages andreasonable attorney fees against a new franchisor if:
(i) the new franchisor:
(A) establishes a new franchisee of the same line-make as a line-make of the reinstatedfranchisee within the relevant market area of the reinstated franchisee; or
(B) adds a line-make to another franchisor's existing franchisee within the relevantmarket area of the reinstated franchisee that is the same line-make as a line-make of thereinstated franchisee; and
(ii) the franchisor's action under Subsection (2)(b)(i) causes a substantial diminution invalue of the reinstated franchisee's reinstated franchise.
(c) A new franchisor may not be held liable under Subsection (2)(b) based on afranchisee's purchase of another existing franchise, both of which are within the relevant marketarea of a reinstated franchisee, for the purpose of combining the purchased franchise with thefranchise of the purchasing franchisee.

Amended by Chapter 41, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-14 > 13-14-308

13-14-308. Private right of action.
(1) A franchisee has a private right of action for actual damages and reasonable attorneyfees against a franchisor for a violation of this chapter that results in damage to the franchisee.
(2) (a) As used in this Subsection (2):
(i) "New franchisor" has the same meaning as defined in Section 13-14-302.5.
(ii) "Reinstated franchise" has the same meaning as defined in Section 13-14-302.5.
(iii) "Reinstated franchisee" has the same meaning as defined in Section 13-14-302.5.
(b) A reinstated franchisee has a private right of action for actual damages andreasonable attorney fees against a new franchisor if:
(i) the new franchisor:
(A) establishes a new franchisee of the same line-make as a line-make of the reinstatedfranchisee within the relevant market area of the reinstated franchisee; or
(B) adds a line-make to another franchisor's existing franchisee within the relevantmarket area of the reinstated franchisee that is the same line-make as a line-make of thereinstated franchisee; and
(ii) the franchisor's action under Subsection (2)(b)(i) causes a substantial diminution invalue of the reinstated franchisee's reinstated franchise.
(c) A new franchisor may not be held liable under Subsection (2)(b) based on afranchisee's purchase of another existing franchise, both of which are within the relevant marketarea of a reinstated franchisee, for the purpose of combining the purchased franchise with thefranchise of the purchasing franchisee.

Amended by Chapter 41, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-14 > 13-14-308

13-14-308. Private right of action.
(1) A franchisee has a private right of action for actual damages and reasonable attorneyfees against a franchisor for a violation of this chapter that results in damage to the franchisee.
(2) (a) As used in this Subsection (2):
(i) "New franchisor" has the same meaning as defined in Section 13-14-302.5.
(ii) "Reinstated franchise" has the same meaning as defined in Section 13-14-302.5.
(iii) "Reinstated franchisee" has the same meaning as defined in Section 13-14-302.5.
(b) A reinstated franchisee has a private right of action for actual damages andreasonable attorney fees against a new franchisor if:
(i) the new franchisor:
(A) establishes a new franchisee of the same line-make as a line-make of the reinstatedfranchisee within the relevant market area of the reinstated franchisee; or
(B) adds a line-make to another franchisor's existing franchisee within the relevantmarket area of the reinstated franchisee that is the same line-make as a line-make of thereinstated franchisee; and
(ii) the franchisor's action under Subsection (2)(b)(i) causes a substantial diminution invalue of the reinstated franchisee's reinstated franchise.
(c) A new franchisor may not be held liable under Subsection (2)(b) based on afranchisee's purchase of another existing franchise, both of which are within the relevant marketarea of a reinstated franchisee, for the purpose of combining the purchased franchise with thefranchise of the purchasing franchisee.

Amended by Chapter 41, 2010 General Session