§2802. Franchise relationship — Inbound Citations
15 U.S.C. § 2802
Cited by 17 provisions in release 119-102.
Citations to 15 U.S.C. § 2802 as a whole
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(a) The provisions of section 2802 of this title shall not apply to the nonrenewal of any franchise relationship—(1) under a trial franchise; or(2) under an interim franchise.
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(iv) that the provisions of section 2802 of this title, limiting the right of a franchisor to fail to renew a franchise relationship, are not applicable to such trial franchise.
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(a) If a franchisor fails to comply with the requirements of section 2802, 2803, or 2807 of this title, the franchisee may maintain a civil action against such franchisor. Such action may be brought, without regard to the amount in controversy, in the district court of the United States in any judicial district in which the principal place of business of such franchisor is located or in which such franchisee is doing business, except that no such action may be maintained unless commenced within 1 year after the later of—(1) the date of termination of the franchise or nonrenewal of the franchise relationship; or(2) the date the franchisor fails to comply with the requirements of section 2802, 2803, or 2807 of this title.
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(2) the date the franchisor fails to comply with the requirements of section 2802, 2803, or 2807 of this title.
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(1) In any action under subsection (a), the court shall grant such equitable relief as the court determines is necessary to remedy the effects of any failure to comply with the requirements of section 2802, 2803, or 2807 of this title, including declaratory judgment, mandatory or prohibitive injunctive relief, and interim equitable relief.
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(B) in the case of any such action which is based upon conduct of the franchisor which was in willful disregard of the requirements of section 2802, 2803, or 2807 of this title, or the rights of the franchisee thereunder, to exemplary damages, where appropriate; and
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(1) In any action under subsection (a) with respect to a failure of a franchisor to renew a franchise relationship in compliance with the requirements of section 2802 of this title, the court may not compel a continuation or renewal of the franchise relationship if the franchisor demonstrates to the satisfaction of the court that—(A) the basis for such nonrenewal is a determination made by the franchisor in good faith and in the normal course of business—(i) to convert the leased marketing premises to a use other than the sale or distribution of motor fuel,(ii) to materially alter, add to, or replace such premises,(iii) to sell such premises,(iv) to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located, or(v) that renewal of the franchise relationship is likely to be uneconomical to the franchisor despite any reasonable changes or reasonable additions to the provisions of the franchise which may be acceptable to the franchisee; and(B) the requirements of section 2804 of this title have been complied with.
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(2) The provisions of paragraph (1) shall not affect any right of any franchisee to recover actual damages and reasonable attorney and expert witness fees under subsection (d) if such nonrenewal is prohibited by section 2802 of this title.
Citations to §2802(b)
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(c) In any action under subsection (a), the franchisee shall have the burden of proving the termination of the franchise or the nonrenewal of the franchise relationship. The franchisor shall bear the burden of going forward with evidence to establish as an affirmative defense that such termination or nonrenewal was permitted under section 2802(b) or 2803 of this title, and, if applicable, that such franchisor complied with the requirements of section 2802(d) of this title.
Citations to §2802(b)(2)(D)
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(2) In the case of summaries required to be furnished under the provisions of section 2802(b)(2)(D) of this title or subsection (c)(3)(C) of this section before the date of publication of such summary in the Federal Register, such summary may be furnished not later than 5 days after it is so published rather than at the time required under such provisions.
Citations to §2802(b)(2)(E)
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(i) was based upon a determination described in section 2802(b)(2)(E) of this title, and
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(ii) the requirements of section 2802(b)(2)(E) of this title were satisfied; and
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(A) such nonrenewal is based upon a determination described in section 2802(b)(2)(E) of this title; and
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(2) In the case of any termination of any franchise or any nonrenewal of any franchise relationship pursuant to the provisions of section 2802(b)(2)(E) of this title or section 2803(c)(2) of this title, the franchisor shall—(A) furnish notification to the franchisee not less than 180 days prior to the date on which such termination or nonrenewal takes effect; and(B) promptly provide a copy of such notification, together with a plan describing the schedule and conditions under which the franchisor will withdraw from the marketing of motor fuel through retail outlets in the relevant geographic area, to the Governor of each State which contains a portion of such area.
Citations to §2802(b)(2)(E)(ii)
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(iii) that the franchisor may fail to renew the franchise at the conclusion of the term stated in the franchise based upon a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located if the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.
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(B) the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.
Citations to §2802(d)
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(c) In any action under subsection (a), the franchisee shall have the burden of proving the termination of the franchise or the nonrenewal of the franchise relationship. The franchisor shall bear the burden of going forward with evidence to establish as an affirmative defense that such termination or nonrenewal was permitted under section 2802(b) or 2803 of this title, and, if applicable, that such franchisor complied with the requirements of section 2802(d) of this title.