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| 2 | 2 | | HOUSE DOCKET, NO. 812 FILED ON: 1/17/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 354 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | David Paul Linsky |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to clarification of the Massachusetts franchise law. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/17/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 812 FILED ON: 1/17/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 354 |
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| 18 | 18 | | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. [BILL |
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| 19 | 19 | | NUMBER]) of David Paul Linsky relative to business practices between motor vehicle |
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| 20 | 20 | | manufacturers, distributors and dealers. Consumer Protection and Professional Licensure. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 423 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to clarification of the Massachusetts franchise law. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Clause 10 of Subsection (c) of Section 4 of Chapter 93B of the General |
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| 32 | 32 | | 2Laws, by inserting, in line 257, after the word “dealership” the following:- |
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| 33 | 33 | | 3 (iv) owning or operating a dealership when, at the time of establishment of the |
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| 34 | 34 | | 4manufacturer or distributor owned or operated dealership, no franchise agreement existed |
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| 35 | 35 | | 5between the manufacturer or distributor and any dealer in the Commonwealth not owned or |
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| 36 | 36 | | 6operated by the manufacturer or distributor. |
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| 37 | 37 | | 7 SECTION 2. Section 15 of Chapter 93B of the General Laws, is hereby amended by |
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| 38 | 38 | | 8striking subsection (a) and inserting the following:- 2 of 2 |
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| 39 | 39 | | 9 (a) Any manufacturer, distributor or motor vehicle dealer who suffers any loss of money |
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| 40 | 40 | | 10or property, real or personal, as a result of the use or employment by a manufacturer, distributor |
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| 41 | 41 | | 11or motor vehicle dealer of the same line make of an unfair method of competition or an unfair or |
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| 42 | 42 | | 12deceptive act or practice as defined by this chapter, any act prohibited or declared unlawful by |
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| 43 | 43 | | 13this chapter, or any rule or regulation adopted under this chapter, may bring an action in the |
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| 44 | 44 | | 14superior court, or if applicable in the federal district court for the district of Massachusetts, for |
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| 45 | 45 | | 15damages and equitable relief, including injunctive relief, as described in the following sentence: |
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| 46 | 46 | | 16The party filing suit must demonstrate that the manufacturer, distributor or motor vehicle dealer |
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| 47 | 47 | | 17that is conducting or has conducted the unfair method of competition or unfair or deceptive act or |
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| 48 | 48 | | 18practices manufactures, distributes or acts as a dealer for vehicles of the same line make as the |
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| 49 | 49 | | 19party filing suit and that the harm alleged originated from or was the direct result of action taken |
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| 50 | 50 | | 20with respect to such line make. |
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