§ 10-1-662 - Unlawful activities by franchisors
               	 		
O.C.G.A.    10-1-662   (2010)
   10-1-662.    Unlawful activities by franchisors 
      (a)  It shall be unlawful for any franchisor:
      (1)  To  delay, refuse, or fail to deliver new motor vehicles or new motor  vehicle parts or accessories in a reasonable time and in reasonable  quantity if such vehicles, parts, or accessories are publicly advertised  as being available for immediate delivery. This paragraph is not  violated, however, if such failure is caused by acts or causes beyond  the control of the franchisor;
      (2)  To  obtain money, goods, services, or any other benefit from any other  person with whom the dealer does business, on account of, or in relation  to, the transaction between the dealer and such other person, other  than as compensation for services rendered, unless such benefit is  promptly accounted for and transmitted to the dealer;
      (3)  To  release to any outside party, except under subpoena or as otherwise  required by law or in an administrative, judicial, or arbitration  proceeding involving the franchisor or dealer, any business, financial,  or personal information which may be from time to time provided by the  dealer to the franchisor, without the express written consent of the  dealer;
      (4)  To resort to or to use any  false or intentionally deceptive advertisement in the conduct of  business as a franchisor in this state;
      (5)  To  make any false or intentionally deceptive statement, either directly or  through any agent or employee, in order to induce any dealer to enter  into any agreement or franchise or to take any action which is  prejudicial to that dealer or that dealer's business;
      (6)  To  require any dealer to assent prospectively to a release, assignment,  novation, waiver, or estoppel which would relieve any person from  liability to be imposed by law or to require any controversy between a  dealer and a franchisor to be referred to any person other than the duly  constituted courts of the state or the United States if such referral  would be binding upon the dealer, provided that this Code section shall  not prevent any dealer from entering into a valid release agreement with  the franchisor;
      (7)  To fail to observe good faith in any aspect of dealings between the franchisor and the dealer;
      (8)  To deny any dealer the right of free association with any other dealer for any lawful purposes;
      (9)  To engage in any predatory practice or discrimination against any dealer;
      (10)  To  propose or make any material change in any franchise agreement without  giving the dealer written notice by certified mail or statutory  overnight delivery of such change at least 60 days prior to the  effective date of such change;
      (11)  To  cancel a franchise or to take any adverse action against a dealer based  in whole or in part on the failure of the dealer to meet the reasonable  performance criteria established by the franchisor in light of existing  circumstances, including but not limited to current and forecasted  economic conditions, or when that failure is due to the failure of the  franchisor to supply, within a reasonable period of time, new motor  vehicles ordered by or allocated to the dealer;
      (12)  To  offer to sell or lease or to sell or lease any new motor vehicle or  accessory to any dealer at a lower actual price therefor than the actual  price offered to any other dealer for the same model vehicle similarly  equipped or same accessory or to use any device, including but not  limited to an incentive, sales promotion plan, or other similar program,  which results in a lower actual price of a vehicle or accessory being  offered to one dealer and which is not offered to other dealers of  vehicles of the same line-make or the same accessory;
      (13)  To  conduct an audit, investigation, or inquiry of any dealer or dealership  as to any activity, transaction, conduct, or other occurrence which  took place or as to any promotion or special event which ends more than  one year prior to such audit, investigation, or inquiry or to base any  decision adverse to the dealer or dealership on any activity,  transaction, conduct, or other occurrence which took place or as to any  promotion or special event which ends more than one year prior to such  decision or which took place any time prior to the period of time  covered by such audit, investigation, or inquiry or to apply the results  of an audit, investigation, or inquiry to any activity, transaction,  conduct, or other occurrence which took place any time prior to the time  covered by such audit, investigation, or inquiry;
      (14)  To  charge back to, deduct from, or reduce any account of a dealer or any  amount of money owed to a dealer by a franchisor any amount of money the  franchisor alleges is owed to such franchisor by such dealer as a  result of an audit, investigation, or inquiry of such dealer or based  upon information obtained by the franchisor through other resources  which relates to any transaction that occurred more than 12 months prior  to notice to the dealer of the charge back or deduction, but rather if a  franchisor alleges that a dealer owes such franchisor any amount of  money as a result of an audit, investigation, or inquiry, such  franchisor shall send a notice to such dealer for such amount and the  dealer shall have not less than 30 days to contest such amount or remit  payment;
      (15)  To deny, delay payment  for, restrict, or bill back a claim by a dealer for payment or  reimbursement for warranty service or parts, incentives, hold-backs,  special program money, or any other amount owed to such dealer unless  such denial, delay, restriction, or bill back is the direct result of a  material defect in the claim which affects the validity of the claim;
      (16)  To  engage in business as a dealer or to manage, control, or operate, or  own any interest in a dealership either directly or indirectly, if the  primary business of such dealer or dealership is to perform repair  services on motor vehicles, except motor homes, pursuant to a  manufacturer's or franchisor's warranty;
      (17)  To  refuse to allow, to limit, or to restrict a dealer from maintaining,  acquiring, or adding a sales or service operation for another line-make  of motor vehicles at the same or expanded facility at which the dealer  currently operates a dealership unless the franchisor can prove by a  preponderance of the evidence that such maintenance, acquisition, or  addition will substantially impair the dealer's ability to adequately  sell or service such franchisor's motor vehicles;
      (18)  To  directly or indirectly condition a franchise agreement or renewal of a  franchise agreement, addition of a line-make, approval of relocation, or  approval of a sale or transfer on the dealer's or prospective dealer's  willingness to enter into a site control agreement; provided, however,  that this paragraph shall not apply to a voluntary agreement when  separate and adequate consideration is paid to the dealer. The  franchisor shall have the burden of proof to show the voluntary,  noncoerced acceptance of the site control agreement by the dealer; or
      (19)  To  charge back, withhold payment, deny vehicle allocation, or take other  adverse action against a dealer when a new vehicle sold by the dealer  has been exported to a foreign country unless the franchisor can  demonstrate that the dealer knew or reasonably should have known that  the customer intended to export or resell the new vehicle. There shall  be a rebuttable presumption that the dealer had no such knowledge if the  vehicle is titled or registered in any state in this country.
(b)  No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983.