15 U.S.C. § 2806
Section 2806 · Relationship of statutory provisions to State and local laws
Amended 2 times on record
Applied in 124 court decisions — leading case Gooley v. Mobil Oil Corp. (1988)
Most recently applied in American Petroleum Institute v. Cooper (June 2013)
Cases citing this section usually also cite 15 U.S.C. § 2802 · 15 U.S.C. § 2801 · 15 U.S.C. § 2805
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) To the extent that any provision of this subchapter applies to the termination (or the furnishing of notification with respect thereto) of any franchise, or to the nonrenewal (or the furnishing of notification with respect thereto) of any franchise relationship, no State or any political subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to termination (or the furnishing of notification with respect thereto) of any such franchise or to the nonrenewal (or the furnishing of notification with respect thereto) of any such franchise relationship unless such provision of such law or regulation is the same as the applicable provision of this subchapter.
(2) No State or political subdivision of a State may adopt, enforce, or continue in effect any provision of law (including a regulation) that requires a payment for the goodwill of a franchisee on the termination of a franchise or nonrenewal of a franchise relationship authorized by this subchapter.
(1) Nothing in this subchapter authorizes any transfer or assignment of any franchise or prohibits any transfer or assignment of any franchise as authorized by the provisions of such franchise or by any applicable provision of State law which permits such transfer or assignment without regard to any provision of the franchise.
(2) Nothing in this subchapter shall prohibit any State from specifying the terms and conditions under which any franchise or franchise relationship may be transferred to the designated successor of a franchisee upon the death of the franchisee.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1994—Subsec. (a). Pub. L. 103 371, §5(1), redesignated existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 103 371, §5(2), redesignated existing provisions as par. (1) and added par. (2).