Oklahoma § 47-596.15 - Cause of action - Damages - Mediation

§ 47-596.15. Cause of action - Damages - Mediation

A. A dealer, manufacturer, or warrantor injured by another

party who has violated a provision of the Recreational Vehicle

Oklahoma Statutes - Title 47. Motor Vehicles

Franchise Act may bring a civil action in court for the recovery of

actual damages. The court shall award attorney fees and costs to

the prevailing party in a civil action under this section.

B. Venue for a civil action filed pursuant to this section

shall be the county in which the business of the dealer is located.

In an action involving more than one dealer, any county in which the

business of any dealer that is party to the action is located is a

proper venue for that action.

C. Before bringing a civil action under this section, the party

bringing suit for an alleged violation of the Recreational Vehicle

Franchise Act shall serve a written demand for mediation on the

offending party. The demand for mediation shall include a brief

statement of the dispute and the relief sought by the party making

the demand. The party making the demand for mediation shall serve

the demand by certified mail to one of the following addresses:

1. In an action between a dealer and a manufacturer, the

address stated in the dealer agreement between the parties;

2. In an action between a dealer and a warrantor that is not a

manufacturer, the address stated in any agreement between the

parties; or

3. In an action between two dealers, the address of the

offending dealer in the records of the Oklahoma New Motor Vehicle

Commission.

D. Within twenty (20) days after a demand for mediation is

served under subsection C of this section, the parties shall

mutually select an independent mediator who is approved by the

Oklahoma New Motor Vehicle Commission, and meet with that mediator

for the purpose of attempting to resolve the dispute at a location

in this state selected by the mediator. The mediator may extend the

date of the meeting for good cause shown by either party or if the

parties agree to the extension.

E. The service of a demand for mediation under subsection C of

this section tolls the time for the filing of any complaint,

petition, protest, or other action under the Recreational Vehicle

Franchise Act until representatives of both parties have met with

the mediator selected pursuant to subsection D of this section for

the purpose of attempting to resolve the dispute. If a complaint,

petition, protest, or other action is filed before that meeting, the

court shall enter an order suspending the proceeding or action until

the mediation meeting has occurred and may, if all of the parties to

the proceeding or action stipulate in writing that they wish to

continue to mediate under this section, enter an order suspending

the proceeding or action for as long a period as the court considers

appropriate. The court may modify, extend, or revoke a suspension

order issued under this subsection if it considers that action

appropriate.

Oklahoma Statutes - Title 47. Motor Vehicles

F. Each of the parties to the mediation under this section is

responsible for its own attorney fees. The parties shall equally

divide the cost of the mediator.

Added by Laws 2011, c. 272, § 17, eff. Jan. 1, 2012. Amended by

Laws 2023, c. 29, § 28, eff. Nov. 1, 2023.