64 | 2024 Membership Directory 10-1-627. Waiver of article void; voluntary releases valid. No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement to resolve a specific claim, dispute, or action between the franchisor and the dealer or when separate and adequate consideration is offered and accepted, provided that the renewal of a franchise shall not by itself constitute separate and adequate consideration. 10-1-628. Attorney’s fees in action to enforce article. Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney´s fees. Such attorney´s fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed. Part 2: Motor Vehicle Dealer’s Day in Court 10-1-630. Short Title. This part shall be known and may be cited as the “Georgia Motor Vehicle Dealer´s Day in Court Act.” 10-1-631. Practices Violative of Existing Law. (a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer´s business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or (2) To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other unconscionable business practices in any of its business transactions with a dealer. (b) Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of Part 1 of this article, the “Georgia Motor Vehicle Franchise Practices Act.” 10-1-632. Protection of consumer data in motor vehicle sales or lease transaction; burden of proof for violations (a) With respect to consumer data, a franchisor, manufacturer, distributor, or a third party acting on behalf of a franchisor, manufacturer, or distributor: (1) Shall comply with and shall not cause a dealer to violate any applicable restrictions on reuse or disclose of the consumer data established by federal or state law; (2) Shall provide a written statement to the dealer upon request describing the established procedures adopted by such franchisor, manufacturer, or distributor, or third party acting on behalf of the franchisor, manufacturer, or distributor which meet or exceed any federal or state requirements to safeguard the consumer data, including, but not limited to, those established in the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq.; (3) Shall, upon the written request of the dealer, provide a written list of the consumer data obtained from the dealer and all persons to whom any consumer data has been provided by the franchisor, manufacturer, distributor, or a third party acting on behalf of a franchisor, manufacturer, or distributor during the
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