Pub. 2 2023-2024 Directory

60 | 2024 Membership Directory GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT (As Amended 2019 Session of the Georgia General Assembly) Part 1: General Consideration 10-1-620. Short title. This article shall be known and may be cited as the “Georgia Motor Vehicle Franchise Practices Act.” 10-1-621. Findings of Legislature. The General Assembly finds and declares that: (1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare; (2) The provision for warranty service and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state; (3) The maintenance of full and fair competition among dealers and others is in the public interest; and (4) The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. 10-1-622. Definitions. As used in this article, the term (0.1) “Consumer data” means “nonpublic personal information” as such term is defined in 15 U.S.C. s 6809(4) as it existed on January 1, 2019, that is: (A) Collected by a dealer; and (B) Provided by the dealer directly to a manufacturer or third party acting on behalf of a manufacturer. Such term shall not include the same or similar data obtained by a manufacturer from any source other than the dealer or dealer’s data management system. (.2) “Data management system” means a computer hardware or software system that: (A) Is owned, leased, or licensed by a dealer, including a system of web based applications, computer software, or computer hardware; (B) Is located at the dealership or hosted remotely; and (C) Stores and provides access to consumer data collected or stored by a dealer. Such term shall include, but not shall not be limited to, dealership management systems and customer relations management systems. (1) “Dealer” means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term “dealer” shall also include any person who engages exclusively in the repair of motor vehicles, except motor homes, if such repairs are performed pursuant to the terms of a franchise or other agreement with a franchisor or such repairs are performed as part of a manufacturer´s

RkJQdWJsaXNoZXIy MTg3NDExNQ==