U.S. Code » Title 15 » Chapter CHAPTER 55— PETROLEUM MARKETING PRACTICES › Subchapter SUBCHAPTER I— FRANCHISE PROTECTION

15 U.S.C. § 2804

Notification of termination or nonrenewal of franchise relationship

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(a) General requirements applicable to franchisorPrior to termination of any franchise or nonrenewal of any franchise relationship, the franchisor shall furnish notification of such termination or such nonrenewal to the franchisee who is a party to such franchise or such franchise relationship—(1) in the manner described in subsection (c); and(2) except as provided in subsection (b), not less than 90 days prior to the date on which such termination or nonrenewal takes effect.(b) Additional requirements applicable to franchisor(1) In circumstances in which it would not be reasonable for the franchisor to furnish notification, not less than 90 days prior to the date on which termination or nonrenewal takes effect, as required by subsection (a)(2)—(A) such franchisor shall furnish notification to the franchisee affected thereby on the earliest date on which furnishing of such notification is reasonably practicable; and(B) in the case of leased marketing premises, such franchisor—(i) may not establish a new franchise relationship with respect to such premises before the expiration of the 30-day period which begins—(I) on the date notification was posted or personally delivered, or(II) if later, on the date on which such termination or nonrenewal takes effect; and(ii) may, if permitted to do so by the franchise agreement, repossess such premises and, in circumstances under which it would be reasonable to do so, operate such premises through employees or agents.(2) In the case of any termination of any franchise or any nonrenewal of any franchise relationship pursuant to the provisions of section 2802(b)(2)(E) of this title or section 2803(c)(2) of this title, the franchisor shall—(A) furnish notification to the franchisee not less than 180 days prior to the date on which such termination or nonrenewal takes effect; and(B) promptly provide a copy of such notification, together with a plan describing the schedule and conditions under which the franchisor will withdraw from the marketing of motor fuel through retail outlets in the relevant geographic area, to the Governor of each State which contains a portion of such area.(c) Manner and form of notificationNotification under this section—(1) shall be in writing;(2) shall be posted by certified mail or personally delivered to the franchisee; and(3) shall contain—(A) a statement of intention to terminate the franchise or not to renew the franchise relationship, together with the reasons therefor;(B) the date on which such termination or nonrenewal takes effect; and(C) the summary statement prepared under subsection (d).(d) Preparation, publication, etc., of statutory summaries(1) Not later than 30 days after June 19, 1978, the Secretary of Energy shall prepare and publish in the Federal Register a simple and concise summary of the provisions of this subchapter, including a statement of the respective responsibilities of, and the remedies and relief available to, any franchisor and franchisee under this subchapter.(2) In the case of summaries required to be furnished under the provisions of section 2802(b)(2)(D) of this title or subsection (c)(3)(C) of this section before the date of publication of such summary in the Federal Register, such summary may be furnished not later than 5 days after it is so published rather than at the time required under such provisions.(Pub. L. 95–297, title I, § 104, June 19, 1978, 92 Stat. 329.)
Notes of Decisions
Cited in 179 cases (8 in the last 5 years), 1979–2025 · leading case: Leon Thompson v. Kerr-Mcgee Refining Corp., 660 F.2d 1380 (10th Cir. 1981).
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Leon Thompson v. Kerr-Mcgee Refining Corp., 660 F.2d 1380 (10th Cir. 1981). · cites it 5× “15 U.S.C. § 2804 (c). The summary statement is to contain a concise summary of the Act and a statement of responsibilities, remedies, and relief available.”
Dersch Energies, Inc. v. Shell Oil Co. & Equilon Enter., Inc., 314 F.3d 846 (7th Cir. 2002). · cites it 4× “§§ 2802 (b)(2)-(3) or 2803(c), and meets the notification requirements contained in 15 U.S.C. § 2804 . Thus, the PMPA strikes a balance between the rights of franchisors and the rights of franchisees, by affording franchisees important but limited procedural rights, while at the…”
The Wisser Co., Inc. v. Mobil Oil Corp., 730 F.2d 54 (2d Cir. 1984). · cites it 4× “Contrary to appellant’s contention, nothing in these provisions or in the related notice provision, 15 U.S.C. § 2804 , 4 requires an opportunity to cure.”
Maylon B. Clinkscales T/a Clinkscales Oil Co. v. Chevron U.S.A., Inc., 831 F.2d 1565 (11th Cir. 1987). · cites it 3× “Additionally, neither party disputes that Chevron’s notice of termination complied with the notice requirements of the PMPA, 15 U.S.C. § 2804 . By a letter that was hand-delivered on June 27, 1985, and which included all of the information required by 15 U.”
Coast Vill., Inc. v. Equilon Enter., LLC, 163 F. Supp. 2d 1136 (C.D. Cal. 2001). · cites it 5× “Thus, it was “designed to serve two main objectives,” and to strike a balance between these two sometimes contrary goals. See id. 6. The PMPA accomplishes these two objectives by prohibiting the termination or non-renewal of a franchise relationship except upon proper notice…”
Seahorse Marine Supplies, Inc. v. Puerto Rico Sun Oil Co., 295 F.3d 68 (1st Cir. 2002). · cites it 2× “d mail or personally delivered to the franchisee; and (3) shall contain— (A) a statement of intention to terminate the franchise or not to renew the franchise relationship, together with the reasons therefor; (B) the date on which such termination or nonrenewal takes effect; and…”
Crown Cent. Petroleum Corp. v. Waldman, 515 F. Supp. 477 (M.D. Penn. 1981). · cites it 5× “15 U.S.C. § 2804 (a)(1), (c)(1), & (c)(2).”
Davis v. Gulf Oil Corp., 485 A.2d 160 (D.C. 1984). · cites it 4× “” 15 U.S.C. § 2804 (a)(2) (1982). Davis reads this provision to require that notification of nonre-newal be delivered 90 days before the date on which a franchise agreement expires.”
Escobar v. Mobil Oil Corp., 522 F. Supp. 593 (D. Conn. 1981). · cites it 6× “Mobil argues that its September 11, 1980, notice was legally sufficient under the circumstances, 15 U.S.C. § 2804 (b)(1), and that, if it was not, its November 4, 1980, notice cured any defects in the September 11 notice and was itself legally adequate.”
Hanes v. Mid-Am. Petroleum, Inc., 577 F. Supp. 637 (W.D. Mo. 1983). · cites it 7× “” Plaintiffs further allege that, on or around November 9, 1982, defendant removed the Shell signs installed on the premises and removed all motor fuel from the underground pumps located on said premises; that this was done without any notification and without proper grounds;…”
James C. Svela v. Union Oil Co. of California, a California Corp., 807 F.2d 1494 (9th Cir. 1987). · cites it 3× “The issues we address are: (1) did Union Oil’s nonrenewal letter comply with the notice requirements of the Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. § 2804 (c)(3)(A) (1982); (2) may an oil company condition franchise relationship renewal on the conversion of a gas…”
Esso Stand. Oil Co. v. Monroig-Zayas, 445 F.3d 13 (1st Cir. 2006). “15 U.S.C. § 2804 (a)(2). An exception to this general rule allows the franchisor to provide notice on the earliest, reasonably practicable date where the circumstances make a 90-day notice unreasonable.”
Show all 179 citing cases →
— 15 U.S.C. § 2804(a) — 1 case
Razavi v. Amoco Oil Co., 833 F. Supp. 1 (D.D.C. 1993).
— 15 U.S.C. § 2804(b)(1) — 1 case
Marathon Petroleum Co. v. Pendleton, 689 F. Supp. 739 (N.D. Ohio 1988).
— 15 U.S.C. § 2804(c) — 1 case
Marathon Petroleum Co. v. Pendleton, 689 F. Supp. 739 (N.D. Ohio 1988).
— 15 U.S.C. § 2804(c)(3)(A) — 1 case
Esquivel v. Exxon Co., USA, 700 F. Supp. 890 (W.D. Tex. 1988).
— 15 U.S.C. § 2804(c)(3)(B) — 1 case
Razavi v. Amoco Oil Co., 833 F. Supp. 1 (D.D.C. 1993).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.