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March 01, 2024 Clouds | 30°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 6: Remedies for violation of chapter

Section 6. (a) In addition to any other remedies that may be available, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.

(b) An independent repair facility or owner who believes that a manufacturer has failed to provide information or a tool required by this chapter shall notify the manufacturer, in writing, through the National Automotive Service Task Force Service Information Request process, or its successor organization or process, and give the manufacturer 30 days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures said complaint within the cure period, damages shall be limited to actual damages in any subsequent litigation pursuant to chapter 93A.

(c) If a manufacturer fails to respond to the notice provided pursuant to subsection (b), or if an independent repair facility or owner is not satisfied with the manufacturer's cure, the independent repair facility or owner may file a complaint in the superior court or, if applicable, in the federal district court for the district of Massachusetts. Such complaint shall include, but not be limited to: (i) written information confirming that the complainant has visited the relevant manufacturer website and attempted to effect a proper repair utilizing information provided on such website, including communication with customer assistance via the manufacturer's toll-free call-in assistance, if made available by the manufacturer; (ii) written information confirming that the complainant has obtained and utilized the relevant manufacturer's scan or diagnostic tool necessary for such repair; and (iii) evidence of manufacturer notification as set out in subsection (b).

(d) Except in the instance of a dispute arising between a franchisor manufacturer and its franchisee dealer related to either party's compliance with an existing franchise agreement, which is required to be resolved pursuant to chapter 93B, a dealer shall have all the rights and remedies provided in this chapter, including, but not limited to, exercising the rights and remedies allowed an independent repair facility.

(e) Notwithstanding subsections (b) and (c), any owner or independent repair facility authorized by an owner who has been denied access to mechanical data in violation of subsections (d) (1) or (f) of section 2 may initiate a civil action seeking any remedies under law, including any remedy authorized by chapter 93A. Each denial of access in violation of said subsections shall be compensable by an award of treble damages or $10,000, whichever amount is greater.