---
kind: "section"
citation: "15 U.S.C. § 2805"
title: "15"
title_heading: "Commerce and Trade"
number: "2805"
heading: "Enforcement provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2805"
units:
  - "Chapter 55 — Petroleum Marketing Practices"
  - "Subchapter I — Franchise Protection"
---

# §2805. Enforcement provisions

- (a) **Maintenance of civil action by franchisee against franchisor; jurisdiction and venue; time for commencement of action—** If a [franchisor](/usc/15/2801.md?p=3) fails to comply with the requirements of section [2802](/usc/15/2802.md), [2803](/usc/15/2803.md), or [2807](/usc/15/2807.md) of this title, the [franchisee](/usc/15/2801.md?p=4) may maintain a civil action against such [franchisor](/usc/15/2801.md?p=3). 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](/usc/15/2801.md?p=3) is located or in which such [franchisee](/usc/15/2801.md?p=4) 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](/usc/15/2801.md?p=17) of the [franchise](/usc/15/2801.md?p=1-A) or [nonrenewal](/usc/15/2801.md?p=14) of the [franchise relationship](/usc/15/2801.md?p=2); or
  - (2) the date the [franchisor](/usc/15/2801.md?p=3) fails to comply with the requirements of section [2802](/usc/15/2802.md), [2803](/usc/15/2803.md), or [2807](/usc/15/2807.md) of this title.
- (b) **Equitable relief by court; bond requirements; grounds for nonexercise of court’s equitable powers—**
  - (1) In any action under [subsection (a)](#a), the court shall grant such equitable relief as the court determines is necessary to remedy the effects of any [failure](/usc/15/2801.md?p=13) to comply with the requirements of section [2802](/usc/15/2802.md), [2803](/usc/15/2803.md), or [2807](/usc/15/2807.md) of this title, including declaratory judgment, mandatory or prohibitive injunctive relief, and interim equitable relief.
  - (2) Except as provided in [paragraph (3)](#b-3), in any action under [subsection (a)](#a), the court shall grant a preliminary injunction if—
    - (A) the [franchisee](/usc/15/2801.md?p=4) shows—
      - (i) the [franchise](/usc/15/2801.md?p=1-A) of which he is a party has been terminated or the [franchise relationship](/usc/15/2801.md?p=2) of which he is a party has not been renewed, and
      - (ii) there exist sufficiently serious questions going to the merits to make such questions a fair ground for litigation; and
    - (B) the court determines that, on balance, the hardships imposed upon the [franchisor](/usc/15/2801.md?p=3) by the issuance of such preliminary injunctive relief will be less than the hardship which would be imposed upon such [franchisee](/usc/15/2801.md?p=4) if such preliminary injunctive relief were not granted.
  - (3) Nothing in this subsection prevents any court from requiring the [franchisee](/usc/15/2801.md?p=4) in any action under [subsection (a)](#a) to post a bond, in an amount established by the court, prior to the issuance or continuation of any equitable relief.
  - (4) In any action under [subsection (a)](#a), the court need not exercise its equity powers to compel continuation or renewal of the [franchise relationship](/usc/15/2801.md?p=2) if such action was commenced—
    - (A) more than 90 days after the date on which notification pursuant to [section 2804(a) of this title](/usc/15/2804.md?p=a) was posted or personally delivered to the [franchisee](/usc/15/2801.md?p=4);
    - (B) more than 180 days after the date on which notification pursuant to [section 2804(b)(2) of this title](/usc/15/2804.md?p=b-2) was posted or personally delivered to the [franchisee](/usc/15/2801.md?p=4); or
    - (C) more than 30 days after the date on which the [termination](/usc/15/2801.md?p=17) of such [franchise](/usc/15/2801.md?p=1-A) or the [nonrenewal](/usc/15/2801.md?p=14) of such [franchise relationship](/usc/15/2801.md?p=2) takes effect if less than 90 days notification was provided pursuant to [section 2804(b)(1) of this title](/usc/15/2804.md?p=b-1).
- (c) **Burden of proof; burden of going forward with evidence—** In any action under [subsection (a)](#a), the [franchisee](/usc/15/2801.md?p=4) shall have the burden of proving the [termination](/usc/15/2801.md?p=17) of the [franchise](/usc/15/2801.md?p=1-A) or the [nonrenewal](/usc/15/2801.md?p=14) of the [franchise relationship](/usc/15/2801.md?p=2). The [franchisor](/usc/15/2801.md?p=3) shall bear the burden of going forward with evidence to establish as an affirmative defense that such [termination](/usc/15/2801.md?p=17) or [nonrenewal](/usc/15/2801.md?p=14) was permitted under section [2802(b)](/usc/15/2802.md?p=b) or [2803](/usc/15/2803.md) of this title, and, if applicable, that such [franchisor](/usc/15/2801.md?p=3) complied with the requirements of [section 2802(d) of this title](/usc/15/2802.md?p=d).
- (d) **Actual and exemplary damages and attorney and expert witness fees to franchisee; determination by court of right to exemplary damages and amount; attorney and expert witness fees to franchisor for frivolous actions—**
  - (1) If the [franchisee](/usc/15/2801.md?p=4) prevails in any action under [subsection (a)](#a), such [franchisee](/usc/15/2801.md?p=4) shall be entitled—
    - (A) consistent with the Federal Rules of Civil Procedure, to actual damages;
    - (B) in the case of any such action which is based upon conduct of the [franchisor](/usc/15/2801.md?p=3) which was in willful disregard of the requirements of section [2802](/usc/15/2802.md), [2803](/usc/15/2803.md), or [2807](/usc/15/2807.md) of this title, or the rights of the [franchisee](/usc/15/2801.md?p=4) thereunder, to exemplary damages, where appropriate; and
    - (C) to reasonable attorney and expert witness fees to be paid by the [franchisor](/usc/15/2801.md?p=3), unless the court determines that only nominal damages are to be awarded to such [franchisee](/usc/15/2801.md?p=4), in which case the court, in its discretion, need not direct that such fees be paid by the [franchisor](/usc/15/2801.md?p=3).
  - (2) The question of whether to award exemplary damages and the amount of any such award shall be determined by the court and not by a jury.
  - (3) In any action under [subsection (a)](#a), the court may, in its discretion, direct that reasonable attorney and expert witness fees be paid by the [franchisee](/usc/15/2801.md?p=4) if the court finds that such action is frivolous.
- (e) **Discretionary power of court to compel continuation or renewal of franchise relationship; grounds for noncompulsion; right of franchisee to actual damages and attorney and expert witness fees unaffected—**
  - (1) In any action under [subsection (a)](#a) with respect to a [failure](/usc/15/2801.md?p=13) of a [franchisor](/usc/15/2801.md?p=3) to renew a [franchise relationship](/usc/15/2801.md?p=2) in compliance with the requirements of [section 2802 of this title](/usc/15/2802.md), the court may not compel a continuation or renewal of the [franchise relationship](/usc/15/2801.md?p=2) if the [franchisor](/usc/15/2801.md?p=3) demonstrates to the satisfaction of the court that—
    - (A) the basis for such [nonrenewal](/usc/15/2801.md?p=14) is a determination made by the [franchisor](/usc/15/2801.md?p=3) in good faith and in the normal course of business—
      - (i) to convert the [leased marketing premises](/usc/15/2801.md?p=9) to a use other than the sale or distribution of [motor fuel](/usc/15/2801.md?p=12),
      - (ii) to materially alter, add to, or replace such premises,
      - (iii) to sell such premises,
      - (iv) to withdraw from the marketing of [motor fuel](/usc/15/2801.md?p=12) through retail outlets in the [relevant geographic market area](/usc/15/2801.md?p=16) in which the [marketing premises](/usc/15/2801.md?p=8) are located, or
      - (v) that renewal of the [franchise relationship](/usc/15/2801.md?p=2) is likely to be uneconomical to the [franchisor](/usc/15/2801.md?p=3) despite any reasonable changes or reasonable additions to the provisions of the [franchise](/usc/15/2801.md?p=1-A) which may be acceptable to the [franchisee](/usc/15/2801.md?p=4); and
    - (B) the requirements of [section 2804 of this title](/usc/15/2804.md) have been complied with.
  - (2) The provisions of [paragraph (1)](#e-1) shall not affect any right of any [franchisee](/usc/15/2801.md?p=4) to recover actual damages and reasonable attorney and expert witness fees under [subsection (d)](#d) if such [nonrenewal](/usc/15/2801.md?p=14) is prohibited by [section 2802 of this title](/usc/15/2802.md).
- (f) **Release or waiver of rights—**
  - (1) No [franchisor](/usc/15/2801.md?p=3) shall require, as a condition of entering into or renewing the [franchise relationship](/usc/15/2801.md?p=2), a [franchisee](/usc/15/2801.md?p=4) to release or waive—
    - (A) any right that the [franchisee](/usc/15/2801.md?p=4) has under this subchapter or other Federal law; or
    - (B) any right that the [franchisee](/usc/15/2801.md?p=4) may have under any valid and applicable [State](/usc/15/2801.md?p=19) law.
  - (2) No provision of any [franchise](/usc/15/2801.md?p=1-A) shall be valid or enforceable if the provision specifies that the interpretation or enforcement of the [franchise](/usc/15/2801.md?p=1-A) shall be governed by the law of any [State](/usc/15/2801.md?p=19) other than the [State](/usc/15/2801.md?p=19) in which the [franchisee](/usc/15/2801.md?p=4) has the principal place of business of the [franchisee](/usc/15/2801.md?p=4).

## Source credit

(Pub. L. 95–297, title I, § 105, June 19, 1978, 92 Stat. 331; Pub. L. 103–371, § 4, Oct. 19, 1994, 108 Stat. 3485; Pub. L. 110–140, title II, § 241(b), Dec. 19, 2007, 121 Stat. 1540.)

## Notes

### Editorial Notes

### References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

### Amendments

2007—Subsecs. (a), (b)(1), (d)(1)(B). Pub. L. 110–140 substituted “2802, 2803, or 2807” for “2802 or 2803” wherever appearing.

1994—Subsec. (f). Pub. L. 103–371 added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.