reglab/housing_qa huggingface dataset:
GA Code § 10-15-4 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 15 - Business Administration|§ 10-15-4. Prohibited Activities Involving Magnetic Strip or Stripe on Payment Card

  No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.   No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.     (Code 1981, §10-15-4, enacted by Ga. L. 2003, p. 339, § 2; Ga. L. 2015, p. 1088, § 11/SB 148.)   Code Commission notes.   - The amendment of this former Code section by Ga. L. 2003, p. 140, § 10, irreconcilably conflicted with and was treated as superseded by Ga. L. 2003, p. 339, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).   Editor's notes.   - Ga. L. 2003, p. 339, § 2, provided for the repeal of former Code Section 10-15-4, effective July 1, 2003. For present comparable provisions, see Code Section 10-15-6.   Ga. L. 2015, p. 1088, § 11/SB 148, effective July 1, 2015, reenacted this Code section without change.
GA Code § 10-15-5 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 15 - Business Administration|§ 10-15-5. Enforcement; Investigation of Violations

  The Attorney General shall be authorized to enforce the provisions of this chapter.   The Attorney General shall have the authority to investigate alleged violations of this chapter, including all investigative powers available under the "Fair Business Practices Act of 1975," Code Section 10-1-390, et seq., including, but not limited to, the power to issue investigative demands and subpoenas as provided in Code Sections 10-1-403 and 10-1-404.   Nothing contained in this Code section precludes law enforcement or prosecutorial agencies from investigating violations of Code Section 10-15-4.     (Code 1981, §10-15-5, enacted by Ga. L. 2003, p. 339, § 2; Ga. L. 2015, p. 1088, § 11/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" at the beginning of subsections (a) and (b).
GA Code § 10-15-6 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 15 - Business Administration|§ 10-15-6. Penalty; Hearing; Effect of Judgment

  If the Attorney General determines, after notice and hearing, that a business has violated Code Section 10-15-2, the Attorney General may issue an administrative order imposing a penalty of not more than $500.00 for each customer's record that contains personal information that is wrongfully disposed of or discarded; provided, however, in no event shall the total fine levied by the Attorney General exceed $10,000.00. It shall be an affirmative defense to the wrongful disposing of or discarding of a customer's record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records.   If the Attorney General determines, after notice and hearing, that a business has violated Code Section 10-15-3, the Attorney General may issue an administrative order imposing a penalty of not more than $250.00 for the first violation of Code Section 10-15-3, and a penalty of $1,000.00 for a second or subsequent violation of Code Section 10-15-3.   The hearing and any administrative review in connection with alleged violations of Code Section 10-15-2 or 10-15-3 shall be conducted in accordance with the procedure for contested cases pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Attorney General shall have the right of judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   The Attorney General may file in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, a certified copy of or the final order of the Attorney General, whether or not the order was appealed. Thereafter the court shall render a judgment in accordance with the order and notify the parties. The judgment shall have the same effect as a judgment rendered by the court.     (Code 1981, §10-15-6, enacted by Ga. L. 2003, p. 339, § 2; Ga. L. 2005, p. 60, § 10/HB 95; Ga. L. 2015, p. 1088, § 11/SB 148.)    The 2015 amendment,  effective July 1, 2015, substituted "Attorney General" for "administrator" throughout this Code section.
GA Code § 10-15-7 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 15 - Business Administration|§ 10-15-7. Penalty; Authority to Prosecute

  A violation of Code Section 10-15-4 shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $10,000.00, or both. Any person who commits a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than ten years or a fine not to exceed $50,000.00, or both.   Any person found guilty of a violation of this chapter may be ordered by the court to make restitution to any consumer victim or any business victim of the fraud.   Each violation of this chapter shall constitute a separate offense.   The Attorney General and prosecuting attorneys shall have the authority to conduct the prosecution for a violation of Code Section 10-15-4.   Upon a violation of this chapter, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the violation.     (Code 1981, §10-15-7, enacted by Ga. L. 2003, p. 339, § 2; Ga. L. 2015, p. 1088, § 11/SB 148.)
GA Code § 11-5-101 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-101. Short Title

 This article may be cited as "Uniform Commercial Code - Letters of Credit."    (Code 1981, §11-5-101, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-101.   ALR.   - What is a letter of credit under UCC §§ 5-102, 5-103, 44 A.L.R.4th 172.
GA Code § 11-5-104 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-104. Formal Requirements

 A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated:    By a signature; or   In accordance with the agreement of the parties or the standard practice referred to in subsection (e) of Code Section 11-5-108.     (Code 1981, §11-5-104, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, §§ 8, 14.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-104.
GA Code § 11-5-105 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-105. Consideration

 Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.    (Code 1981, §11-5-105, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, § 16.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-105.
GA Code § 11-5-106 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-106. Issuance, Amendment, Cancellation, and Duration

  A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it provides that it is revocable.   After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.   If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, one year after the date on which it is issued.   A letter of credit that states that it is perpetual expires five years after its stated date of issuance or, if none is stated, five years after the date on which it is issued.     (Code 1981, §11-5-106, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, §§ 17, 23, 32.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-106.   ALR.    - Liability of one who purchases draft and secures its payment after letter of credit has expired, 56 A.L.R. 1190.   Modification, revocation, or reformation of letter of credit - modern cases, 13 A.L.R.5th 465.
GA Code § 11-5-107 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-107. Confirmer, Nominated Person, and Adviser

  A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request of and for the account of the issuer.   A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.   A person required to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the requirement to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued.   A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under subsection (c) of this Code section. The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies.     (Code 1981, §11-5-107, enacted by Ga. L. 2002, p. 995, § 1.)   Law reviews.   - For annual survey article discussing letter of credit issues, see 46 Mercer L. Rev. 71 (1994).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the provisions, decisions under former Article 5 are included in the annotations for this Code section.    A bank may confirm credit issued by nonbank, thus becoming primarily liable on it. Barclays Bank v. Mercantile Nat'l Bank, 481 F.2d 1224 (5th Cir. 1973), cert. dismissed, 414 U.S. 1139, 94 S. Ct. 888, 39 L. Ed. 2d 96 (1974).   Language precluding denial of purpose to act as a "confirming bank."    - See Barclays Bank D.C.O. v. Mercantile Nat'l Bank, 339 F. Supp. 457 (N.D. Ga. 1972), aff'd, 481 F.2d 1224 (5th Cir. 1973), cert. dismissed, 414 U.S. 1139, 94 S. Ct. 888, 39 L. Ed. 2d 96 (1974).    Cited in  Dibrell Bros. Int'l v. Banca Nazionale Del Lavoro, 38 F.3d 1571 (11th Cir. 1994).   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letters of Credit and Credit Cards, §§ 80, 81.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-107.
GA Code § 11-5-109 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-109. Fraud and Forgery

  If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:   The issuer shall honor the presentation, if honor is demanded by:   A nominated person who has given value in good faith and without notice of forgery or material fraud;   A confirmer who has honored its confirmation in good faith;   A holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person; or   An assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated persons; and     The issuer, acting in good faith, may honor or dishonor the presentation in any other case.     If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:   The relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;   A beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;   All of the conditions to entitle a person to the relief under the law of this state have been met; and   On the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under paragraph (1) of subsection (a) of this Code section.       (Code 1981, §11-5-109, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-109.
GA Code § 11-5-110 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-110. Warranties

  If its presentation is honored, the beneficiary warrants:   To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in subsection (a) of Code Section 11-5-109; and   To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.     The warranties in subsection (a) of this Code section are in addition to warranties arising under Articles 3, 4, 7, and 8 of this title because of the presentation or transfer of documents covered by any of those articles.     (Code 1981, §11-5-110, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   6A Am. Jur. Pleading and Practice Forms, Commercial Code, § 5:34.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-110.
GA Code § 11-5-112 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-112. Transfer of Letter of Credit

  Except as otherwise provided in Code Section 11-5-113, unless a letter of credit provides that it is transferable the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.   Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:   The transfer would violate applicable law; or   The transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in subsection (e) of Code Section 11-5-108 or is otherwise reasonable under the circumstances.       (Code 1981, §11-5-112, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 50 Am. Jur. 2d, Letters of Credit, and Credit Cards, §§ 21, 22. 68A Am. Jur. 2d, Secured Transactions, §§ 16. 39 et seq.   C.J.S.   - 6A C.J.S., Assignments, § 1 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-112.
GA Code § 11-5-113 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-113. Transfer by Operation of Law

  A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.   A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e) of this Code section, an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in subsection (e) of Code Section 11-5-108 or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.   An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.   Honor of a purported successor's apparently complying presentation under subsection (a) or (b) of this Code section has the consequences specified in subsection (i) of Code Section 11-5-108 even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of Code Section 11-5-109.   An issuer whose rights of reimbursement are not covered by subsection (d) of this Code section or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b) of this Code section.   A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this Code section.     (Code 1981, §11-5-113, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   6A Am. Jur. Pleading and Practice Forms, Commercial Code, § 5:53.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-113.
GA Code § 11-5-114 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-114. Assignment of Proceeds

  As used in this Code section, the term "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.   A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.   An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.   An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.   Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds.   Neither the rights recognized by this Code section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by Article 9 of this title or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by Article 9 of this title or other law.     (Code 1981, §11-5-114, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-114.   JUDICIAL DECISIONS   Breach of letter of credit.    - Buyer was not an indispensable party to a seller's suit alleging that a bank breached a letter of credit by failing to honor its obligation under O.C.G.A. § 11-5-114 to pay a demand because: (1) the buyer's joinder was not necessary in order to afford complete relief between the seller and the bank; (2) the bank could file suit against the buyer for indemnification or implead the buyer in the current suit; and (3) the bank would not be subject to multiple inconsistent judgment obligations if the buyer were not joined. GE Credit Corp. of Tenn. v. First Nat'l Banc, Inc., F. Supp. 2d (S.D. Ga. Sept. 2, 2005).
GA Code § 11-5-115 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 5 - Letters of Credit|§ 11-5-115. Statute of Limitations

 An action to enforce a right or obligation arising under this article must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs regardless of the aggrieved party's lack of knowledge of the breach.    (Code 1981, §11-5-115, enacted by Ga. L. 2002, p. 995, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 5-115.