§ 19-28.1-21. Private civil actions.
(a) A person who violates any provision of this act is liable to the franchisee for damages, costs, and attorneys and experts fees. In the case of a violation of § 19-28.1-5, § 19-28.1-8, or § 19-28.1-17(1) — (5), the franchisee may also sue for rescission. No person shall be liable under this section if the defendant proves that the plaintiff knew the facts concerning the violation.
(b) Every person who directly or indirectly controls a person liable under this section, every principal executive officer or director of the liable person, every person occupying a similar status or performing similar functions, and every agent or employee of a liable person, who materially aids in the act or transaction constituting the violation, is also liable jointly and severally with and to the same extent as the person liable under this section, unless the agent, employee, officer, or director proves he or she did not know, and in the exercise of reasonable care could not have known, of the existence of the fact by reason of which the liability is alleged to exist.
History of Section.P.L. 1993, ch. 395, § 2.
Structure Rhode Island General Laws
Title 19 - Financial Institutions
Chapter 19-28.1 - Franchise Investment Act
Section 19-28.1-1. - Short title.
Section 19-28.1-2. - Legislative intent.
Section 19-28.1-3. - Definitions.
Section 19-28.1-4. - Scope and applicability.
Section 19-28.1-5. - Registration of franchises.
Section 19-28.1-6. - Exemption from registration.
Section 19-28.1-7. - Out-of-state exemption.
Section 19-28.1-8. - Delivery requirements.
Section 19-28.1-9. - General registration provisions.
Section 19-28.1-10. - Negotiated changes permitted.
Section 19-28.1-11. - Change in information.
Section 19-28.1-12. - Advertising.
Section 19-28.1-13. - Books and records.
Section 19-28.1-14. - Jurisdiction and venue.
Section 19-28.1-15. - Waivers void.
Section 19-28.1-16. - Franchisee’s right to associate.
Section 19-28.1-17. - Fraudulent, deceptive and prohibited practices.
Section 19-28.1-18. - Enforcement.
Section 19-28.1-19. - Summary action.
Section 19-28.1-20. - Criminal prosecution.
Section 19-28.1-21. - Private civil actions.
Section 19-28.1-22. - Period of limitation.
Section 19-28.1-23. - No other civil liability.
Section 19-28.1-24. - Burden of proof.
Section 19-28.1-25. - Hearings and judicial review.
Section 19-28.1-26. - Powers of director.
Section 19-28.1-27. - Rules, orders, forms and interpretive opinions.
Section 19-28.1-28. - Service of process.
Section 19-28.1-30. - Appropriation.
Section 19-28.1-31. - Cooperation with other agencies or organizations.
Section 19-28.1-32. - Filing of documents.