2006 Code of Virginia § 46.2-1568.1 - Discrimination by manufacturers or distributors prohibited

46.2-1568.1. Discrimination by manufacturers or distributors prohibited.

No manufacturer or distributor, or any officer, agent, or representative ofeither, shall discriminate against a dealer holding a franchise of themanufacturer or distributor in favor of another dealer or other dealers ofthe same line-make in the Commonwealth by:

1. Selling or offering to sell a new motor vehicle to a dealer at a loweractual price, including the price for vehicle transportation, than the actualprice at which the same model similarly equipped is offered to or isavailable to another dealer in the Commonwealth during a similar time period;

2. Using a promotional program or device or an incentive, payment, or otherbenefit, whether paid at the time of the sale of the new motor vehicle to thedealer or later, that results in the sale or offer to sell a new motorvehicle to a dealer at a lower price, including the price for vehicletransportation, than the price at which the same model similarly equipped isoffered or is available to another dealer in the Commonwealth during asimilar time period. This subdivision shall not prohibit a promotional orincentive program that is functionally available to competing dealers of thesame line-make in the Commonwealth on substantially comparable terms;

3. Providing lead information to a dealer when the address provided by theprospective customer (or the preferred contact address, if more than oneaddress is provided) is in the relevant market area of another dealer orother dealers of the same line-make without providing or offering to providethe same information on equal terms to the dealer or dealers of the sameline-make in whose relevant market area the prospective customer's address(or preferred contact address, if more than one address is provided) islocated. The foregoing requirement of this subdivision shall not apply if (i)the lead information is generated under any program administered by an entityin which one or more dealers, together with the manufacturer or distributor,hold an ownership interest, where the program is designed to facilitate salesof motor vehicles through dealers participating in the program, provided thatownership or the right to participate in the entity has been made availableto all dealers of the same line-make in the Commonwealth on substantiallycomparable terms or (ii) the prospective customer requests that the leadinformation be forwarded to a particular dealer or (iii) the lead informationis the result of the prospective customer's request for a specific type ofvehicle when the specific type of vehicle in the color and with the equipmentdesired by the prospective customer is not available at a dealer or dealersof the same line-make in whose relevant market area the prospectivecustomer's address (or preferred contact address, if more than one address isprovided) is located. For purposes of this subsection, "lead information"is information concerning a prospective customer (i) who contacts themanufacturer or distributor in response to an advertisement, a solicitation,or a message broadcast, distributed, or made available to the public by themanufacturer or distributor or (ii) who is contacted by the manufacturer ordistributor, and (iii) such contact is in relation to the sale of, serviceon, or parts or accessories for new or used motor vehicles. This subdivisionshall not be construed to permit provision of or access to customerinformation that is otherwise protected from disclosure by law or byagreement between a dealer and a manufacturer or distributor.

(2001, cc. 817, 849.)