§ 20-308.1. Civil actions for violations. - North Carolina Statutes

§ 20‑308.1.  Civilactions for violations.

(a)        Notwithstanding theterms, provisions or conditions of any agreement or franchise or other terms orprovisions of any novation, waiver or other written instrument, any motorvehicle dealer who is or may be injured by a violation of a provision of thisArticle, or any party to a franchise who is so injured in his business orproperty by a violation of a provision of this Article relating to thatfranchise, 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 manufacturer or distributor may have the effect of causing a lossof money 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 andmanufacturer, factory branch, distributor, or distributor branch shall initiatemediation as set forth in G.S. 20‑301.1(b). An action brought pursuant tothis subsection may seek a determination whether one or more manufacturers,factory branches, distributors, or distributor branches doing business in thisState have violated any of the provisions of this Article, or for thedetermination of any rights created or defined by this Article, so long as theassociation alleges an injury to the collective interest of its memberscognizable under this section. A cognizable injury to the collective interestof the members of the association shall be deemed to occur if a manufacturer,factory branch, distributor, or distributor branch doing business in this Statehas engaged in any conduct or taken any action which actually harms or affectsall of the franchised new motor vehicle dealers holding franchises with thatmanufacturer, factory branch, distributor, or distributor branch in this State.With respect to any administrative or civil action filed by an associationpursuant to this subsection, the relief granted shall be limited to declaratoryand injunctive relief and in no event shall the Commissioner or court enter anaward of monetary damages. (1983, c. 704, s. 16; 1991, c. 510, s. 5; 2001‑510,s. 5; 2007‑513, s. 8.)