{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1568.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1568.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1568.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1568.1.html"}],"law_id":74199,"edition_id":1,"section_id":74199,"structure_id":15134,"section_number":"46.2-1568.1","catch_line":"Discrimination by manufacturers or distributors prohibited","history":"2001, cc. 817, 849.","full_text":"No manufacturer or distributor, or any officer, agent, or representative of either, shall discriminate against a dealer holding a franchise of the manufacturer or distributor in favor of another dealer or other dealers of the same line-make in the Commonwealth by:\n\n1\n\nSelling or offering to sell a new motor vehicle to a dealer at a lower actual price, including the price for vehicle transportation, than the actual price at which the same model similarly equipped is offered to or is available to another dealer in the Commonwealth during a similar time period;2\n\nUsing a promotional program or device or an incentive, payment, or other benefit, whether paid at the time of the sale of the new motor vehicle to the dealer or later, that results in the sale or offer to sell a new motor vehicle to a dealer at a lower price, including the price for vehicle transportation, than the price at which the same model similarly equipped is offered or is available to another dealer in the Commonwealth during a similar time period. This subdivision shall not prohibit a promotional or incentive program that is functionally available to competing dealers of the same line-make in the Commonwealth on substantially comparable terms;3\n\nProviding lead information to a dealer when the address provided by the prospective customer (or the preferred contact address, if more than one address is provided) is in the relevant market area of another dealer or other dealers of the same line-make without providing or offering to provide the same information on equal terms to the dealer or dealers of the same line-make in whose relevant market area the prospective customer’s address (or preferred contact address, if more than one address is provided) is located. The foregoing requirement of this subdivision shall not apply if (i) the lead information is generated under any program administered by an entity in which one or more dealers, together with the manufacturer or distributor, hold an ownership interest, where the program is designed to facilitate sales of motor vehicles through dealers participating in the program, provided that ownership or the right to participate in the entity has been made available to all dealers of the same line-make in the Commonwealth on substantially comparable terms or (ii) the prospective customer requests that the lead information be forwarded to a particular dealer or (iii) the lead information is the result of the prospective customer’s request for a specific type of vehicle when the specific type of vehicle in the color and with the equipment desired by the prospective customer is not available at a dealer or dealers of the same line-make in whose relevant market area the prospective customer’s address (or preferred contact address, if more than one address is provided) is located. For purposes of this subsection, “lead information” is information concerning a prospective customer (i) who contacts the manufacturer or distributor in response to an advertisement, a solicitation, or a message broadcast, distributed, or made available to the public by the manufacturer or distributor or (ii) who is contacted by the manufacturer or distributor, and (iii) such contact is in relation to the sale of, service on, or parts or accessories for new or used motor vehicles. This subdivision shall not be construed to permit provision of or access to customer information that is otherwise protected from disclosure by law or by agreement between a dealer and a manufacturer or distributor.","order_by":null,"text":{"0":{"id":266813,"text":"No manufacturer or distributor, or any officer, agent, or representative of either, shall discriminate against a dealer holding a franchise of the manufacturer or distributor in favor of another dealer or other dealers of the same line-make in the Commonwealth by:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":266814,"text":"Selling or offering to sell a new motor vehicle to a dealer at a lower actual price, including the price for vehicle transportation, than the actual price at which the same model similarly equipped is offered to or is available to another dealer in the Commonwealth during a similar time period;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":266815,"text":"Using a promotional program or device or an incentive, payment, or other benefit, whether paid at the time of the sale of the new motor vehicle to the dealer or later, that results in the sale or offer to sell a new motor vehicle to a dealer at a lower price, including the price for vehicle transportation, than the price at which the same model similarly equipped is offered or is available to another dealer in the Commonwealth during a similar time period. This subdivision shall not prohibit a promotional or incentive program that is functionally available to competing dealers of the same line-make in the Commonwealth on substantially comparable terms;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":266816,"text":"Providing lead information to a dealer when the address provided by the prospective customer (or the preferred contact address, if more than one address is provided) is in the relevant market area of another dealer or other dealers of the same line-make without providing or offering to provide the same information on equal terms to the dealer or dealers of the same line-make in whose relevant market area the prospective customer’s address (or preferred contact address, if more than one address is provided) is located. The foregoing requirement of this subdivision shall not apply if (i) the lead information is generated under any program administered by an entity in which one or more dealers, together with the manufacturer or distributor, hold an ownership interest, where the program is designed to facilitate sales of motor vehicles through dealers participating in the program, provided that ownership or the right to participate in the entity has been made available to all dealers of the same line-make in the Commonwealth on substantially comparable terms or (ii) the prospective customer requests that the lead information be forwarded to a particular dealer or (iii) the lead information is the result of the prospective customer’s request for a specific type of vehicle when the specific type of vehicle in the color and with the equipment desired by the prospective customer is not available at a dealer or dealers of the same line-make in whose relevant market area the prospective customer’s address (or preferred contact address, if more than one address is provided) is located. For purposes of this subsection, “lead information” is information concerning a prospective customer (i) who contacts the manufacturer or distributor in response to an advertisement, a solicitation, or a message broadcast, distributed, or made available to the public by the manufacturer or distributor or (ii) who is contacted by the manufacturer or distributor, and (iii) such contact is in relation to the sale of, service on, or parts or accessories for new or used motor vehicles. This subdivision shall not be construed to permit provision of or access to customer information that is otherwise protected from disclosure by law or by agreement between a dealer and a manufacturer or distributor.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":15134,"edition_id":1,"name":"Franchises","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":13356,"metadata":{},"date_created":"2026-06-26 03:52:26","date_modified":"2026-06-26 03:52:26","permalink":{"id":231519,"object_type":"structure","relational_id":15134,"identifier":"7","token":"46.2\/IV\/15\/7","url":"\/46.2\/IV\/15\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13356,"edition_id":1,"name":"Motor Vehicle Dealers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231067,"object_type":"structure","relational_id":13356,"identifier":"15","token":"46.2\/IV\/15","url":"\/46.2\/IV\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81977,"structure_id":15134,"section_number":"46.2-1566","catch_line":"Filing of franchises","url":"\/46.2-1566\/","token":"46.2\/IV\/15\/7\/46.2-1566","metadata":false},{"id":75377,"structure_id":15134,"section_number":"46.2-1567","catch_line":"Exemption of franchises from Retail Franchising Act","url":"\/46.2-1567\/","token":"46.2\/IV\/15\/7\/46.2-1567","metadata":false},{"id":85096,"structure_id":15134,"section_number":"46.2-1568","catch_line":"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts, extended service contracts or extended maintenance plans, financing, or leasing prohibited; penalty","url":"\/46.2-1568\/","token":"46.2\/IV\/15\/7\/46.2-1568","metadata":false},{"id":74199,"structure_id":15134,"section_number":"46.2-1568.1","catch_line":"Discrimination by manufacturers or distributors prohibited","url":"\/46.2-1568.1\/","token":"46.2\/IV\/15\/7\/46.2-1568.1","metadata":false},{"id":60913,"structure_id":15134,"section_number":"46.2-1569","catch_line":"Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories","url":"\/46.2-1569\/","token":"46.2\/IV\/15\/7\/46.2-1569","metadata":false},{"id":57658,"structure_id":15134,"section_number":"46.2-1569.1","catch_line":"Manufacturer or distributor right of first refusal","url":"\/46.2-1569.1\/","token":"46.2\/IV\/15\/7\/46.2-1569.1","metadata":false},{"id":85388,"structure_id":15134,"section_number":"46.2-1570","catch_line":"Discontinuation of distributors","url":"\/46.2-1570\/","token":"46.2\/IV\/15\/7\/46.2-1570","metadata":false},{"id":60902,"structure_id":15134,"section_number":"46.2-1571","catch_line":"Recall, warranty, maintenance and sales incentive obligations","url":"\/46.2-1571\/","token":"46.2\/IV\/15\/7\/46.2-1571","metadata":false},{"id":67472,"structure_id":15134,"section_number":"46.2-1572","catch_line":"Operation of dealership by manufacturer","url":"\/46.2-1572\/","token":"46.2\/IV\/15\/7\/46.2-1572","metadata":false},{"id":75339,"structure_id":15134,"section_number":"46.2-1572.1","catch_line":"Ownership of service facilities","url":"\/46.2-1572.1\/","token":"46.2\/IV\/15\/7\/46.2-1572.1","metadata":false},{"id":75995,"structure_id":15134,"section_number":"46.2-1572.2","catch_line":"Mediation of disputes","url":"\/46.2-1572.2\/","token":"46.2\/IV\/15\/7\/46.2-1572.2","metadata":false},{"id":65117,"structure_id":15134,"section_number":"46.2-1572.3","catch_line":"Waiver prohibited","url":"\/46.2-1572.3\/","token":"46.2\/IV\/15\/7\/46.2-1572.3","metadata":false},{"id":74526,"structure_id":15134,"section_number":"46.2-1572.4","catch_line":"Manufacturer or distributor use of performance standards","url":"\/46.2-1572.4\/","token":"46.2\/IV\/15\/7\/46.2-1572.4","metadata":false},{"id":69981,"structure_id":15134,"section_number":"46.2-1573","catch_line":"Hearings and other remedies; civil penalties","url":"\/46.2-1573\/","token":"46.2\/IV\/15\/7\/46.2-1573","metadata":false},{"id":84529,"structure_id":15134,"section_number":"46.2-1573.01","catch_line":"Recovery of attorney's fees","url":"\/46.2-1573.01\/","token":"46.2\/IV\/15\/7\/46.2-1573.01","metadata":false},{"id":67893,"structure_id":15134,"section_number":"46.2-1573.02","catch_line":"Limited right of dealers to sell new motor vehicles following termination of franchise","url":"\/46.2-1573.02\/","token":"46.2\/IV\/15\/7\/46.2-1573.02","metadata":false}],"previous_section":{"id":85096,"structure_id":15134,"section_number":"46.2-1568","catch_line":"Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts, extended service contracts or extended maintenance plans, financing, or leasing prohibited; penalty","url":"\/46.2-1568\/","token":"46.2\/IV\/15\/7\/46.2-1568","metadata":false},"next_section":{"id":60913,"structure_id":15134,"section_number":"46.2-1569","catch_line":"Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories","url":"\/46.2-1569\/","token":"46.2\/IV\/15\/7\/46.2-1569","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1568.1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 817<\/a> and 849<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":231533,"object_type":"law","relational_id":74199,"identifier":"46.2-1568.1","token":"46.2\/IV\/15\/7\/46.2-1568.1","url":"\/46.2-1568.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1568.1\/","token":"46.2\/IV\/15\/7\/46.2-1568.1","dublin_core":{"Title":"Discrimination by manufacturers or distributors prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1568.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No manufacturer<\/span> or distributor<\/span>, or any officer, agent<\/span>, or representative of either, shall discriminate against a dealer<\/span> holding a franchise<\/span> of the manufacturer<\/span> or distributor<\/span> in favor of another dealer<\/span> or other dealers<\/span> of the same line-make<\/span> in the Commonwealth by:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Selling or offering to sell a new motor vehicle<\/span> to a dealer<\/span> at a lower actual price, including the price for vehicle transportation, than the actual price at which the same model similarly equipped is offered to or is available to another dealer<\/span> in the Commonwealth during a similar time period; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Using a promotional program or device or an incentive, payment, or other benefit, whether paid at the time of the sale of the new motor vehicle<\/span> to the dealer<\/span> or later, that results in the sale or offer to sell a new motor vehicle<\/span> to a dealer<\/span> at a lower price, including the price for vehicle transportation, than the price at which the same model similarly equipped is offered or is available to another dealer<\/span> in the Commonwealth during a similar time period. This subdivision shall not prohibit a promotional or incentive program that is functionally available to competing dealers<\/span> of the same line-make<\/span> in the Commonwealth on substantially comparable terms; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Providing lead information to a dealer<\/span> when the address provided by the prospective customer (or the preferred contact address, if more than one address is provided) is in the relevant market area<\/span> of another dealer<\/span> or other dealers<\/span> of the same line-make<\/span> without providing or offering to provide the same information on equal terms to the dealer<\/span> or dealers<\/span> of the same line-make<\/span> in whose relevant market area<\/span> the prospective customer’s address (or preferred contact address, if more than one address is provided) is located. The foregoing requirement of this subdivision shall not apply if (i) the lead information is generated under any program administered by an entity in which one or more dealers<\/span>, together with the manufacturer<\/span> or distributor<\/span>, hold an ownership interest, where the program is designed to facilitate sales of motor vehicles through dealers<\/span> participating in the program, provided that ownership or the right to participate in the entity has been made available to all dealers<\/span> of the same line-make<\/span> in the Commonwealth on substantially comparable terms or (ii) the prospective customer requests that the lead information be forwarded to a particular dealer<\/span> or (iii) the lead information is the result of the prospective customer’s request for a specific type of vehicle when the specific type of vehicle in the color and with the equipment desired by the prospective customer is not available at a dealer<\/span> or dealers<\/span> of the same line-make<\/span> in whose relevant market area<\/span> the prospective customer’s address (or preferred contact address, if more than one address is provided) is located. For purposes of this subsection, “lead information” is information concerning a prospective customer (i) who contacts the manufacturer<\/span> or distributor<\/span> in response to an advertisement, a solicitation, or a message broadcast, distributed, or made available to the public by the manufacturer<\/span> or distributor<\/span> or (ii) who is contacted by the manufacturer<\/span> or distributor<\/span>, and (iii) such contact is in relation to the sale of, service on, or parts or accessories for new or used motor vehicles<\/span>. This subdivision shall not be construed to permit provision of or access to customer information that is otherwise protected from disclosure by law<\/span> or by agreement between a dealer<\/span> and a manufacturer<\/span> or distributor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRIMINATION BY MANUFACTURERS OR DISTRIBUTORS PROHIBITED (\u00a7 46.2-1568.1)\n\nNo manufacturer or distributor, or any officer, agent, or representative of\neither, shall discriminate against a dealer holding a franchise of the\nmanufacturer or distributor in favor of another dealer or other dealers of the\nsame line-make in the Commonwealth by:\n\n1. Selling or offering to sell a new motor vehicle to a dealer at a lower actual\nprice, including the price for vehicle transportation, than the actual price at\nwhich the same model similarly equipped is offered to or is available to another\ndealer in the Commonwealth during a similar time period;\n\n2. Using a promotional program or device or an incentive, payment, or other\nbenefit, whether paid at the time of the sale of the new motor vehicle to the\ndealer or later, that results in the sale or offer to sell a new motor vehicle\nto a dealer at a lower price, including the price for vehicle transportation,\nthan the price at which the same model similarly equipped is offered or is\navailable to another dealer in the Commonwealth during a similar time period.\nThis subdivision shall not prohibit a promotional or incentive program that is\nfunctionally available to competing dealers of the same line-make in the\nCommonwealth on substantially comparable terms;\n\n3. Providing lead information to a dealer when the address provided by the\nprospective customer (or the preferred contact address, if more than one address\nis provided) is in the relevant market area of another dealer or other dealers\nof the same line-make without providing or offering to provide the same\ninformation on equal terms to the dealer or dealers of the same line-make in\nwhose relevant market area the prospective customer’s address (or\npreferred contact address, if more than one address is provided) is located. The\nforegoing requirement of this subdivision shall not apply if (i) the lead\ninformation is generated under any program administered by an entity in which\none or more dealers, together with the manufacturer or distributor, hold an\nownership interest, where the program is designed to facilitate sales of motor\nvehicles through dealers participating in the program, provided that ownership\nor the right to participate in the entity has been made available to all dealers\nof the same line-make in the Commonwealth on substantially comparable terms or\n(ii) the prospective customer requests that the lead information be forwarded to\na particular dealer or (iii) the lead information is the result of the\nprospective customer’s request for a specific type of vehicle when the\nspecific type of vehicle in the color and with the equipment desired by the\nprospective customer is not available at a dealer or dealers of the same\nline-make in whose relevant market area the prospective customer’s address\n(or preferred contact address, if more than one address is provided) is located.\nFor purposes of this subsection, “lead information” is information\nconcerning a prospective customer (i) who contacts the manufacturer or\ndistributor in response to an advertisement, a solicitation, or a message\nbroadcast, distributed, or made available to the public by the manufacturer or\ndistributor or (ii) who is contacted by the manufacturer or distributor, and\n(iii) such contact is in relation to the sale of, service on, or parts or\naccessories for new or used motor vehicles. This subdivision shall not be\nconstrued to permit provision of or access to customer information that is\notherwise protected from disclosure by law or by agreement between a dealer and\na manufacturer or distributor.\n\nHISTORY: 2001, cc. 817, 849.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}