reglab/housing_qa huggingface dataset:
GA Code § 10-1-393.6 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-393.6. Unlawful Telemarketing Transactions; Criminal Penalty

  For purposes of this Code section, the term "telemarketing" shall have the same meaning which it has under Code Section 10-1-393.5.   Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to:   In connection with a telemarketing transaction, request a fee in advance to remove derogatory information from or improve a person's credit history or credit record;   Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or   In connection with a telemarketing transaction, procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected.     In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (5) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section.     (Code 1981, §10-1-393.6, enacted by Ga. L. 1998, p. 643, § 2; Ga. L. 2004, p. 631, § 10; Ga. L. 2015, p. 1088, § 2/SB 148.)   Cross references.   - Deceptive, fraudulent, or abusive telemarketing, § 10-5B-1 et seq.   Editor's notes.   - Ga. L. 1998, p. 643, § 6, not codified by the General Assembly, provides that this Code section shall apply to acts and offenses committed on or after July 1, 1998.   Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.   Law reviews.   - For review of 1998 legislation relating to commerce and trade, see 15 Ga. St. U.L. Rev. 9 (1998).
GA Code § 10-1-393.7 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-393.7. Solicitation During Final Illness; Penalty

  Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to solicit another during such other's final illness or during the final illness of any other person for the purpose of persuading a person who is suffering from his or her final illness or a person acting on behalf of such person to seek refund of moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise.   In addition to any other penalty imposed for the violation of this Code section, the administrative agency which issues a finding of violation shall order the violator to pay restitution in the amount of the refund to the person, corporation, partnership, or other legal entity which refunded moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise.     (Code 1981, §10-1-393.7, enacted by Ga. L. 2000, p. 882, § 2; Ga. L. 2015, p. 1088, § 2/SB 148.)   Cross references.   - Georgia Cemetery and Funeral Services Act of 2000, § 10-14-1 et seq.   Editor's notes.   - Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-1-393.9 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-393.9. Registration of Private Child Support Collectors; Surety Bond or Alternative

  Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector.   An application for registration shall be accompanied by a surety bond filed, held, and approved by the Secretary of State, and the surety bond shall be:   Issued by a surety authorized to do business in this state;   In the amount of $50,000.00;   In favor of the state for the benefit of a person damaged by a violation of this Code section; and   Conditioned on the private child support collector's compliance with this Code section and Code Section 10-1-393.10 and the faithful performance of the obligations under the private child support collector's agreements with its clients.     In lieu of a surety bond, the Secretary of State may accept a deposit of money in the amount of $50,000.00. The Secretary of State shall deposit any amounts received under this subsection in an insured depository account designated for that purpose.     (Code 1981, §10-1-393.9, enacted by Ga. L. 2009, p. 1001, § 3/HB 189; Ga. L. 2015, p. 1088, § 2/SB 148.)   Editor's notes.   - Ga. L. 2009, p. 1001, § 6, not codified by the General Assembly, provides, in part, that this Code section shall be applicable to all contracts for private collection of child support payments entered into on or after July 1, 2009.   Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-1-393.15 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-393.15. Instrument Conveying Real Estate Defined; Required Notice for Solicitation for Services; Penalties

  For purposes of this Code section, the term "instrument conveying real estate" means any documentary material evidencing an interest in real property required under law to be recorded with the superior court in the county in which the land is located, including, but not limited to, a deed to secure debt, a mortgage, a deed under power, and a lien.   Any person who mails a solicitation for services to obtain a copy of an instrument conveying real estate shall include, in at least 16 point Helvetica font at the top of and at least two inches apart from any other text on such solicitation, the words:  "THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT. THIS IS A SOLICITATION."   No text on the solicitation shall be larger than the above required words.    Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part.     (Code 1981, §10-1-393.15, enacted by Ga. L. 2017, p. 218, § 1/HB 197.)
GA Code § 10-1-393.16 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-393.16. Written Solicitations Relating to Corporate Filings; Definition; Penalty for Noncompliance

  For purposes of this Code section, the term "corporate filings" means any documents required by law to be filed with the Secretary of State pursuant to Title 14.   Any written solicitation for services relating to corporate filings shall include, in at least 16 point Helvetica font at the top of and at least two inches apart from any other text on such solicitation, the words:  "THIS IS A SOLICITATION. THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT AND HAS NOT BEEN SENT BY THE GEORGIA SECRETARY OF STATE'S OFFICE."   No text on the solicitation shall be larger than the above required words.    Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part.     (Code 1981, §10-1-393.16, enacted by Ga. L. 2021, p. 508, § 1/HB 153.)   Cross references.   - Filing documents, § 14-2-120 et seq.
GA Code § 10-1-397.1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-397.1. Initiation or Intervention by Attorney General

 The Attorney General is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency to implement the provisions of this article.    (Code 1981, §10-1-397.1, enacted by Ga. L. 2001, p. 1245, § 3; Ga. L. 2015, p. 1088, § 2/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" in this Code section.
GA Code § 10-1-398.1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-398.1. Judicial Review

 Any person who has exhausted all administrative remedies available and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the procedures, standards, and requirements set forth in Code Section 50-13-19.    (Code 1981, §10-1-398.1, enacted by Ga. L. 1988, p. 1659, § 3; Ga. L. 2015, p. 1088, § 2/SB 148.)    The 2015 amendment,  effective July 1, 2015, rewrote this Code section.
GA Code § 10-1-400 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-400. Limitation on Recovery in Case of Bona Fide Error

 In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error and that such error was not the result of negligence in the maintenance of such procedures.   (Ga. L. 1975, p. 376, § 11; Ga. L. 2015, p. 1088, § 2/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.   Law reviews.   - For review of 1996 commerce and trade legislation, see 13 Ga. St. U.L. Rev. 33 (1996).   RESEARCH REFERENCES   ALR.    - Liability for innocent infringement of trademark or trade name, 96 A.L.R. 651.
GA Code § 10-1-402 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-402. Assurances of Voluntary Compliance

 In the administration of this part the Attorney General may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this part from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the clerk of the superior court of the county in which the alleged violator resides or has his or her principal place of business or with the clerk of the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Attorney General for further proceedings in the public interest, pursuant to Code Section 10-1-397. This Code section shall not bar any claim against any person who has engaged in any act or practice in violation of this part.   (Ga. L. 1975, p. 376, § 12; Ga. L. 2015, p. 1088, § 2/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" in the first and next-to-last sentences and inserted "or her" in the second sentence.   Law reviews.   - For comment, "The Georgia Fair Business Practices Act: Business As Usual," see 9 Ga. St. U.L. Rev. 453 (1993).   JUDICIAL DECISIONS   Discretion as to acceptance of assurance.    - Permissive wording of Ga. L. 1975, p. 376, § 12 indicates that it is not mandatory that the administrator accept an assurance of voluntary compliance with respect to acts or practices violative of Ga. L. 1975, p. 376. State ex rel. Ryles v. Meredith Chevrolet, Inc., 145 Ga. App. 8, 244 S.E.2d 15, aff'd sub nom. State v. Meredith Chevrolet, Inc., 242 Ga. 294, 249 S.E.2d 87 (1978).
GA Code § 10-1-405 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-405. Civil Penalties; Individual Liability

  Any person who violates the terms of an injunction issued under Code Section 10-1-397 shall forfeit and pay to the state a civil penalty of not more than $25,000.00 per violation. For purposes of this Code section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the Attorney General, acting in the name of the state, may petition for recovery of civil penalties.   In the case of a continuing violation under this part, each day shall be regarded as a separate violation.   Any intentional violation by a corporation, partnership, or association shall be deemed to be also that of the individual directors, officers, partners, employees, or agents of the corporation, partnership, or association who knew or should have known of the acts constituting the violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part the violation; provided, however, no such individual directors, officers, partners, employees, or agents shall have any individual liability under this subsection unless the corporation, partnership, or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgment sufficient moneys or assets to satisfy the judgment.   The Attorney General shall have the authority to compromise or settle claims for penalty brought under this Code section.    (Ga. L. 1975, p. 376, § 15; Ga. L. 1988, p. 1659, § 6; Ga. L. 2015, p. 1088, § 2/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" in subsections (a) and (d); and substituted "knew or should have known" for "had actual knowledge" in subsection (c).   Law reviews.   - For article discussing liability, under common-law agency principles, of all persons in the chain of command, for a violation of the Fair Business Practices Act, see 10 Ga. L. Rev. 917 (1976). For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).   JUDICIAL DECISIONS    Cited in State ex rel. Ryles v. Meredith Chevrolet, Inc., 145 Ga. App. 8, 244 S.E.2d 15 (1978).   RESEARCH REFERENCES   ALR.   - Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.
GA Code § 10-1-406 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-406. Duty of Prosecuting Attorneys

 Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the Attorney General shall have the authority to prosecute the case or forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecuting attorney deems appropriate.   (Ga. L. 1975, p. 376, § 16; Ga. L. 1997, p. 1507, § 3; Ga. L. 2015, p. 1088, § 2/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" and inserted "have the authority to prosecute the case or" in the middle of this Code section.   Editor's notes.   - Ga. L. 1997, p. 1507, § 3, not codified by the General Assembly, provided that the 1997 amendment was applicable to offenses committed on or after July 1, 1997.   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 29 (1997).
GA Code § 10-1-407 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-407. Part Not Exclusive

 This part is cumulative with other laws and is not exclusive. The rights or remedies provided for in this part shall be in addition to any other procedures, rights, remedies, or duties provided for in any other law or in decisions of the courts of this state dealing with the subject matter.   (Ga. L. 1975, p. 376, § 19; Ga. L. 2015, p. 1088, § 2/SB 148.)   Editor's notes.   - Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-1-408 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 2 - Fair Business Practices Act|§ 10-1-408. Continuing Validity of Previously Adopted Rules, Orders, Actions, and Regulations

 Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General.    (Code 1981, §10-1-408, enacted by Ga. L. 2015, p. 1088, § 2/SB 148.)
GA Code § 10-1-412 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 3 - Multilevel Distribution Companies; Sale of Business Opportunities|§ 10-1-412. When Bond or Trust Account Required; Escrow Account Required

  Any business opportunity seller or company which represents, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, that the seller or company will refund all or part of the price paid for the business opportunity or will repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company if the purchaser is dissatisfied with the business opportunity and any multilevel distribution company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state.For purposes of this subsection, deposits shall not be considered part of the price paid for the business opportunity.The amount of the bond or trust account shall be an amount not less than $75,000.00.The bond or trust account shall be in favor of the state for the benefit of any person who is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom.Such person may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account.A multilevel distribution company which requires an initial payment of less than $500.00 from each participant shall be exempt from the requirements of this Code section.   In any sale of a business opportunity, the seller shall collect no more than 15 percent of the total purchase price, with the balance to be placed in an independent escrow account agreed upon by both parties. The balance in the escrow account shall be paid to the seller 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.    (Ga. L. 1980, p. 1233, § 3; Ga. L. 1984, p. 522, § 3; Ga. L. 1988, p. 1868, § 1; Ga. L. 1992, p. 2370, § 2.)   Law reviews.   - For note, "The Georgia Sale of Business Opportunities Act," see 1 Ga. St. U.L. Rev. 219 (1985).
GA Code § 10-1-414 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 3 - Multilevel Distribution Companies; Sale of Business Opportunities|§ 10-1-414. Prohibited Acts by Sellers

 Sellers shall not:    Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential, which data shall be furnished to the Attorney General or his or her representatives upon request;   Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity or multilevel distribution company; or   Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner represent, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or multilevel program.    (Ga. L. 1980, p. 1233, § 5; Ga. L. 1988, p. 1868, § 1; Ga. L. 1992, p. 2370, § 4; Ga. L. 2015, p. 1088, § 3/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General or his or her" for "administrator or his" at the end of paragraph (1).   Law reviews.   - For note, "The Georgia Sale of Business Opportunities Act," see 1 Ga. St. U.L. Rev. 219 (1985).