1. Civil remedies. Any franchisee or motor vehicle dealer who suffers financial loss of money or property, real or personal, or who has been otherwise adversely affected as a result of the use or employment by a franchisor of an unfair method of competition or an unfair or deceptive act or any practice declared unlawful by this chapter may bring an action for damages and equitable relief, including injunctive relief. When the franchisee or dealer prevails, the court shall award attorney’s fees to the franchisee or dealer, regardless of the amount in controversy, and assess costs against the opposing party. For the purpose of the award of attorney’s fees and costs, whenever the franchisee or dealer is seeking injunctive or other relief, the franchisee or dealer may be considered to have prevailed when a judgment or other final order providing equitable relief is entered in its favor. A final judgment, order or decree rendered against a person in any civil, criminal or administrative proceeding under the United States antitrust laws, under the Federal Trade Commission Act, under the Maine Revised Statutes or under this chapter is regarded as prima facie evidence against the person subject to the conditions set forth in the United States antitrust laws, 15 United States Code § 16.

[PL 1997, c. 521, §6 (AMD).]

SECTION HISTORY

PL 1975, c. 573 (NEW). PL 1997, c. 521, §6 (AMD).

Terms Used In Maine Revised Statutes Title 10 Sec. 1173

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Franchisee: means a motor vehicle dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1171
  • Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a motor vehicle dealer. See Maine Revised Statutes Title 10 Sec. 1171
  • Motor vehicle: means any motor-driven vehicle, except motorcycles and recreational vehicles defined under section 1432, subsection 18?A, required to be registered under Title 29?A, chapter 5. See Maine Revised Statutes Title 10 Sec. 1171
  • Person: means a natural person, corporation, partnership, trust or other entity, and, in case of an entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1171
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
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