§ 31-5.1-13. Civil remedies.
(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or her business or property by a violation of this chapter relating to that franchise, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior court to enjoin further violations, and to recover the actual damages sustained by that person together with the costs of the suit, including a reasonable attorney’s fee.
(b) Any motor vehicle dealer or franchisee shall have the right to civil damages; including a reasonable attorney’s fee, for any loss sustained as a result of a violation of this chapter. A final judgment, order, or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States anti-trust laws, under the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., or under this chapter shall be regarded as prima facie evidence against that person subject to the conditions set forth in the United States anti-trust laws (15 U.S.C. § 16).
History of Section.P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1.
Structure Rhode Island General Laws
Title 31 - Motor and Other Vehicles
Section 31-5.1-1. - Definitions.
Section 31-5.1-2. - Application of chapter.
Section 31-5.1-3. - Unlawful acts and practices.
Section 31-5.1-4. - Violations.
Section 31-5.1-4.1. - Dealership — Survivorship.
Section 31-5.1-4.2. - Establishing new dealerships and relocating existing dealerships.
Section 31-5.1-5. - Delivery obligations.
Section 31-5.1-6. - Warranty agreement.
Section 31-5.1-6.1. - Obligations during recalls.
Section 31-5.1-7. - Unlawful restrictions on dealerships.
Section 31-5.1-8. - Agreements.
Section 31-5.1-9. - Product liability indemnification.
Section 31-5.1-10. - Free association.
Section 31-5.1-11. - Sales to the state.
Section 31-5.1-12. - Enforcement.
Section 31-5.1-13. - Civil remedies.
Section 31-5.1-14. - Contracts void.
Section 31-5.1-15. - Limitation of action.
Section 31-5.1-16. - Bill to set aside department order.
Section 31-5.1-17. - Severability.
Section 31-5.1-18. - Transportation damages.
Section 31-5.1-19. - Risk of loss.