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HOUSE DOCKET, NO. 2084        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 241

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David Paul Linsky

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to clarification of the Massachusetts franchise law.

_______________

PETITION OF:

 

Name:

District/Address:

David Paul Linsky

5th Middlesex


HOUSE DOCKET, NO. 2084        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 241

By Mr. Linsky of Natick, a petition (accompanied by bill, House, No. 241) of David Paul Linsky relative to business practices between motor vehicle manufacturers, distributors and dealers.  Consumer Protection and Professional Licensure. 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Thirteen

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An Act relative to clarification of the Massachusetts franchise law.

 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1:  Clause 10 of Subsection (c) of Section 4 of Chapter 93B of the General Laws, as appearing in the 2010 Official Edition, by inserting, in line 27, after the word “dealership” the following:-

              (iv) owning or operating a dealership when, at the time of establishment of the manufacturer or distributor owned or operated dealership, no franchise agreement existed between the manufacturer or distributor and any dealer in the Commonwealth not owned or operated by the manufacturer or distributor.

              SECTION 2:  Section 15 of Chapter 93B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking subsection (a) and inserting the following:-

              (a) Any manufacturer, distributor or motor vehicle dealer who suffers any loss of money or property, real or personal, as a result of the use or employment by a manufacturer, distributor or motor vehicle dealer of the same line make of an unfair method of competition or an unfair or deceptive act or practice as defined by this chapter, any act prohibited or declared unlawful by this chapter, or any rule or regulation adopted under this chapter, may bring an action in the superior court, or if applicable in the federal district court for the district of Massachusetts, for damages and equitable relief, including injunctive relief, as described in the following sentence: The party filing suit must demonstrate that the manufacturer, distributor or motor vehicle dealer that is conducting or has conducted the unfair method of competition or unfair or deceptive act or practices manufactures, distributes or acts as a dealer for vehicles of the same line make as the party filing suit and that the harm alleged originated from or was the direct result of action taken with respect to such line make.

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