TITLE 49

MOTOR VEHICLES

CHAPTER 16

DEALERS AND SALESMEN LICENSING

49-1617B.  Standing to bring an action. (1) The following entities have standing to seek redress for violations of this chapter or of any other provision of Idaho law relating to or affecting the relationship between a manufacturer or a distributor and a new vehicle dealer:

(a)  A new vehicle dealer; and

(b)  Any corporation or association that is primarily owned by or composed of new vehicle dealers and that primarily represents the interests of new vehicle dealers if at least one (1) of the corporation or association members would have standing on its own, the interests that the action seeks to protect are germane to the corporation’s or association’s purpose, and the claim asserted or the relief requested does not require the participation of individual members in the action.

(2)  Entities that have standing pursuant to this section may:

(a)  File a petition and request the department handle the matter as an administrative proceeding;

(b)  File a demand for mediation pursuant to section 49-1617A, Idaho Code; or

(c)  Bring a civil action in a court of competent jurisdiction.

(3)  An action filed pursuant to this section may seek:

(a)  Recovery of actual damages;

(b)  Declaratory or injunctive relief; or

(c)  Reasonable costs of the suit and attorney’s fees to a prevailing party.

History:

[49-1617B, added 2023, ch. 122, sec. 5, p. 355.]