                                 CODE OF VIRGINIA

DISCRIMINATION BY MANUFACTURERS OR DISTRIBUTORS PROHIBITED (§ 46.2-1568.1)

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:

1. 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;

2. 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;

3. 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&#8217;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&#8217;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&#8217;s address
(or preferred contact address, if more than one address is provided) is located.
For purposes of this subsection, &#8220;lead information&#8221; 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.

HISTORY: 2001, cc. 817, 849.