§ 30-14-2503 — Injunction -- Damages

30-14-2503 . Injunction -- damages. (1) A motorsports dealer may maintain an action to enjoin the continuance of any act in violation of the provisions of 30-14-2502 and to recover damages. A court, upon finding that the motorsports manufacturer is violating or has violated the provisions of 30-14-2502 , shall enjoin the motorsports manufacturer from continuing the violation. To obtain an injunction it is not necessary for the motorsports dealer to allege or prove actual damages arising from the violation.
(2) In addition to injunctive relief, any motorsports dealer who incurs pecuniary loss due to a violation of 30-14-2502 by a motorsports manufacturer is entitled to recover three times the pecuniary loss together with costs, including attorney fees.
(3) A violation of 30-14-2502 also constitutes a violation of 30-14-103 , and the department may bring an action to restrain any unlawful act pursuant to the provisions of 30-14-111 .

Legislative History

En. Sec. 3, Ch. 152, L. 2007; amd. Sec. 4, Ch. 240, L. 2009.