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Current as of May 05, 2022 | Updated by FindLaw Staff
(1) A franchisee has a private right of action for actual damages and reasonable attorney fees 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 and reasonable 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 reinstated franchisee within the relevant market area of the reinstated franchisee; or
(B) adds a line-make to another franchisor's existing franchisee within the relevant market area of the reinstated franchisee that is the same line-make as a line-make of the reinstated franchisee; and
(ii) the franchisor's action under Subsection (2)(b)(i) causes a substantial diminution in value of the reinstated franchisee's reinstated franchise.
(c) A new franchisor may not be held liable under Subsection (2)(b) based on a franchisee's purchase of another existing franchise, both of which are within the relevant market area of a reinstated franchisee, for the purpose of combining the purchased franchise with the franchise of the purchasing franchisee.
Cite this article: FindLaw.com - Utah Code Title 13. Commerce and Trade § 13-14-308. Private right of action - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-14-308/
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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