(a) The commission of any unfair or deceptive acts or practices or unfair methods
of competition prohibited by section 482E-6 shall constitute an unfair or deceptive act or practice under chapter 480.
(b) Any person who sells or offers to sell a franchise in violation of this chapter
shall be liable to the franchisee or subfranchisor who may sue for damages caused
thereby or for rescission or other relief as the court may deem appropriate. In the case of a violation of section 482E-5(b) rescission is not available to the plaintiff if the defendant proves that the plaintiff
knew the facts concerning the untruth or admission or that the defendant exercised
reasonable care and did not know or if the defendant had exercised reasonable care
would not have known of the untruth or admission.
(c) The suit authorized under subsection (b) may be brought to recover the actual
damages sustained by the plaintiff together with the cost of the suit including reasonable
attorneys' fees and the court may in its discretion increase the award of damages
to an amount not to exceed three times the actual damages sustained.
(d) Any person who becomes liable to make payments under this section may recover
contributions as in cases of contracts from any persons who, if sued separately, would
have been liable to make the same payment.
(e) A final judgment, order, or decree heretofore or hereafter rendered against a
person in any civil, criminal, or administrative proceedings under the United States
anti-trust laws, under the Federal Trade Commission Act, or this chapter shall be
regarded as evidence against such persons in an action brought by any party against
such person under subsections (a) and (b) as to all matters which said judgment or
decree would be an estoppel between the parties thereto.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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