(a) Any franchisee may bring an action for violation of sections 42-133l or 42-133m in the Superior Court to recover damages sustained by reason of such violation, which action shall be privileged in respect to its assignment for trial and, where appropriate, may apply for injunctive relief as provided in chapter 916. Such franchisee, if successful, shall be entitled to costs, including, but not limited to, reasonable attorneys' fees.
(b) A final judgment, order or decree heretofore or hereafter rendered against a franchisor, in any civil, criminal or administrative proceeding under any federal or state act relating to antitrust laws or to franchising, or sections 42-133j to 42-133n, inclusive, shall be regarded as and may be introduced as evidence against such franchisor in any action brought by any party against such franchisor under subsection (a) of this section.
(c) The pendency of any civil, criminal or administrative proceeding against a franchisor, its agents or representatives, brought by federal or state authorities or any of their respective agencies under any federal or state act relating to antitrust laws or to franchising, or under section 42-133l or 42-133m, shall toll the limitation of any civil action brought under sections 42-133j to 42-133n, inclusive, if the action hereunder is then instituted within one year after the final judgment or order in such proceedings, provided such limitation of actions shall in any case toll the law as long as there is actual concealment on the part of any franchisor, its agents or representatives.
(P.A. 77-493, S. 5; P.A. 06-196, S. 270.)
History: P.A. 06-196 made technical changes in Subsec. (c), effective June 7, 2006.
Subsec. (a) merely secures the right of a franchisee to bring an action for violations of the Connecticut Petroleum Product Franchise Act, it says nothing of a franchisee's right to have that action decided by a jury rather than a judge. 176 CA 461.
Structure Connecticut General Statutes
Title 42 - Business, Selling, Trading and Collection Practices
Chapter 739 - Trading Stamps, Mail Orders, Franchises, Credit Programs and Subscriptions
Section 42-126. - Sale of merchandise with trading stamps, coupons or other similar devices.
Section 42-126a. - Trading stamps.
Section 42-127b. - Licensing of persons in business on October 1, 1971.
Section 42-128. - Bond required.
Section 42-130. - Use of terms.
Section 42-132 and 42-133. - Application in case of pretended purchase or assignment. Penalty.
Section 42-133c. - Finance charge applied by retail sellers on open-end credit plans.
Section 42-133d. - Annual statement of interest imposed and paid under open-end credit plan.
Section 42-133e. - Franchises: Definitions.
Section 42-133f. - Termination, or cancellation of, or failure to renew a franchise.
Section 42-133h. - Applicability of sections 42-133e to 42-133g, inclusive.
Section 42-133j. - Legislative finding concerning petroleum product franchises.
Section 42-133k. - Definitions.
Section 42-133m. - Assignment of franchise. Automatic termination.
Section 42-133n. - Remedies. Effect of judgment. Limitation of actions.
Section 42-133r. - Definitions.
Section 42-133u. - Manufacturers or dealers to indemnify franchised dealers.
Section 42-133x. - Effects of a franchise termination, cancellation or nonrenewal.
Section 42-133z. - Refusal to honor succession by family member. Notice.
Section 42-133aa. - Burden of proof for succession refusal on manufacturer or distributor.
Section 42-133bb. - Prohibited acts by manufacturer or distributor re dealer.
Section 42-133cc. - Prohibited acts by manufacturer or distributor.
Section 42-133ee. - Civil action for injunction and damages.
Section 42-133gg. - Sale or transfer of names of credit cardholders.
Section 42-133ii. - Hold on credit or debit card account for the retail sale of gasoline.
Section 42-133mm. - Sale, transfers or assignment of franchisor's interest.