reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-832 - Bond requirements

Except for operators who are exempt from the requirements of this Code section in accordance with Code Section
10-1-833
, each operator shall maintain a bond in the amount of $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state. Such bond shall be for the use and benefit of any person who has paid any entrant's fee for a beauty pageant. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sustained by such person by reason of any violation of this title. Any person who complies with the requirements of Code Section
10-1-837
shall not be required to post the bond required by this Code section.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-833 - Exemptions from bond requirements

No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant which confers no benefit upon any participant other than any or all of the following: a beauty title, a crown, a trophy, a ribbon, or a sash. To be exempt from Code Section
10-1-832
under this Code section, pageants conducted by individuals or businesses to raise funds for nonprofit organizations shall award 100 percent of the moneys generated by the pageant to the nonprofit organization and the nonprofit organization may, if previously agreed, then pay the expenses incurred in producing the pageant.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-834 - Cancellation or default; refund of entrants' fees

If a beauty pageant is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. For pageants subject to Code Section
10-1-832
, the surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-835 - Civil violation; remedies

Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975," as administered by the Attorney General, and all public and private remedies available under such part shall be available regarding violations of this article.
Amended by 2015 Ga. Laws 187,§ 9, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-836 - Criminal violation

Any person, firm, corporation, organization, partnership, entity, or operator violating any provision of this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-837 - Escrow account

In lieu of obtaining the bond required by Code Section
10-1-832
, any operator may place all entrants' fees in an escrow account from which the operator cannot and does not withdraw any funds until the pageant has been held and all awards have been made. If the operator elects this option, in lieu of the information required by paragraph (6) of Code Section
10-1-831
the operator shall provide in the written statement the name, address, and telephone number of the financial institution where the escrow account is maintained and the account number of the escrow account. The operator shall maintain a record of each escrow account established for a period of five years.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 30 - BEAUTY PAGEANTS (§§ 10-1-830 — 10-1-838) › Section 10-1-838 - Liability for failure to post bond or establish escrow account

Any individual who fails to comply with either Code Section
10-1-832
or
10-1-837
shall be individually liable for any damages or losses suffered by any participant in a pageant, without regard to whether the pageant operator is structured as a corporation, partnership, limited partnership, or any other form of business entity.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-850 - Definitions

As used in this article, the term:
(1)
"Disabled person" means a person who has a physical or mental impairment which substantially limits one or more of such person's major life activities. As used in this paragraph, "physical or mental impairment" means any of the following:
(A)
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and
(B)
Any mental or psychological disorder, such as developmental disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, developmental disability, and emotional illness.
(2)
"Elder person" means a person who is 60 years of age or older.
(3)
"Major life activities" includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(4)
"Substantially limits" means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2015 Ga. Laws 70,§ 4-18, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-851 - Additional civil penalty for violation of Article 15, 17, or 21 of this chapter against elder or disabled persons

When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-852 - Determination to impose civil penalty and amount thereof

In determining whether to impose a civil penalty under Code Section
10-1-851
and the amount thereof, the court shall consider the extent to which one or more of the following factors are present:
(1)
Whether the defendant's conduct was in disregard of the rights of the elder or disabled persons;
(2)
Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person;
(3)
Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;
(4)
Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A)
Mental or emotional anguish;
(B)
Loss of or encumbrance upon a primary residence of the elder or disabled person;
(C)
Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income;
(D)
Loss of funds received under a pension or retirement plan or a government benefits program;
(E)
Loss of property set aside for retirement or for personal or family care and maintenance; or
(F)
Loss of assets essential to the health and welfare of the elder or disabled person; or
(5)
Any other factors the court deems appropriate.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-853 - Cause of action for damage or injury from offense or violation under this article

An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-854 - State-wide educational initiatives as to consumer crimes against elder and disabled persons, applicable laws, and remedies available

The Attorney General may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, the "Uniform Deceptive Trade Practices Act," and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations.
Amended by 2015 Ga. Laws 187,§ 10, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-855 - Referral procedures to provide intervention and assistance

The Attorney General may establish and maintain referral procedures with the Division of Aging Services within the Department of Human Services in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article.
Amended by 2015 Ga. Laws 187,§ 10, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 2-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-856 - Construction with Part 2 of Article 15 of this chapter; confidentiality

Nothing in this article shall serve to prevent the Attorney General from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975." Notwithstanding any other provision of law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive practices under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975," shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the Attorney General. Nothing contained in this Code section shall be construed to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information.
Amended by 2015 Ga. Laws 187,§ 10, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY (§§ 10-1-850 — 10-1-857) › Section 10-1-857 - Complaints, inquiries, investigations, and corrective action

The Attorney General shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Secretary of State, Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation.
Amended by 2015 Ga. Laws 187,§ 10, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 32 - ASSISTIVE TECHNOLOGY WARRANTIES (§§ 10-1-870 — 10-1-875) › Section 10-1-870 - Short title

This article shall be known and may be cited as the "Assistive Technology Warranty Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 32 - ASSISTIVE TECHNOLOGY WARRANTIES (§§ 10-1-870 — 10-1-875) › Section 10-1-872 - Express written warranties for assistive technology devices

A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written warranty for the assistive technology device. The warranty shall as a minimum warrant that there are no defects in parts or performance. The duration of the express written warranty shall be not less than one year after first delivery of the assistive technology device to the consumer. If a manufacturer fails to furnish an express written warranty as required by this Code section, the assistive technology device shall be covered by an express warranty as if the manufacturer had furnished an express written warranty to the consumer as required by this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 32 - ASSISTIVE TECHNOLOGY WARRANTIES (§§ 10-1-870 — 10-1-875) › Section 10-1-874 - Thirty-day return privilege

A manufacturer or assistive technology device dealer who recommends and sells an assistive technology device to a consumer shall accept a return of the assistive technology device within 30 days after the purchase if the assistive technology device does not meet the needs of the person with the disability. The manufacturer or assistive technology dealer shall provide a refund in conformity with the provisions established within paragraph (2) of subsection (b) of Code Section
10-1-873
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 32 - ASSISTIVE TECHNOLOGY WARRANTIES (§§ 10-1-870 — 10-1-875) › Section 10-1-875 - Rights and remedies under other laws or contracts; waivers void; actions for damages

(a)
This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract.
(b)
Any waiver by a consumer of rights under this article is void.
(c)
In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 33 - MOTORIZED WHEELCHAIR WARRANTIES (§§ 10-1-890 — 10-1-894) › Section 10-1-890 - Short title

This article shall be known and may be cited as the "Motorized Wheelchair Warranty Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 33 - MOTORIZED WHEELCHAIR WARRANTIES (§§ 10-1-890 — 10-1-894) › Section 10-1-892 - Express written warranties for motorized wheelchairs; failure to furnish warranty

A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the motorized wheelchair warranting parts and performance. The duration of the express written warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express written warranty as required by this Code section, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express written warranty to the consumer as required by this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 33 - MOTORIZED WHEELCHAIR WARRANTIES (§§ 10-1-890 — 10-1-894) › Section 10-1-894 - Other rights or remedies under other law or contract; waiver void; action for damages

(a)
This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract.
(b)
Any waiver by a consumer of rights under this article is void.
(c)
In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 34 - IDENTITY THEFT (§§ 10-1-910 — 10-1-915) › Section 10-1-910 - Legislative findings

The General Assembly finds and declares as follows:
(1)
The privacy and financial security of individuals is increasingly at risk due to the ever more widespread collection of personal information by both the private and public sectors;
(2)
Credit card transactions, magazine subscriptions, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and internet websites are all sources of personal information and form the source material for identity thieves;
(3)
Identity theft is one of the fastest growing crimes committed in this state. Criminals who steal personal information such as social security numbers use the information to open credit card accounts, write bad checks, buy cars, purchase property, and commit other financial crimes with other people's identities;
(4)
Implementation of technology security plans and security software as part of an information security policy may provide protection to consumers and the general public from identity thieves;
(5)
Information brokers should clearly define the standards for authorized users of its data so that a breach by an unauthorized user is easily identifiable;
(6)
Identity theft is costly to the marketplace and to consumers; and
(7)
Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of unauthorized acquisition and possible misuse of a person's personal information is imperative.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2005 Ga. Laws 163,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 34 - IDENTITY THEFT (§§ 10-1-910 — 10-1-915) › Section 10-1-912 - Notification required upon breach of security regarding personal information

(a)
Any information broker or data collector that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The notice shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (c) of this Code section, or with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system.
(b)
Any person or business that maintains computerized data on behalf of an information broker or data collector that includes personal information of individuals that the person or business does not own shall notify the information broker or data collector of any breach of the security of the system within 24 hours following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
(c)
The notification required by this Code section may be delayed if a law enforcement agency determines that the notification will compromise a criminal investigation. The notification required by this Code section shall be made after the law enforcement agency determines that it will not compromise the investigation.
(d)
In the event that an information broker or data collector discovers circumstances requiring notification pursuant to this Code section of more than 10,000 residents of this state at one time, the information broker or data collector shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nation-wide basis, as defined by
15 U.S.C. Section 1681a
, of the timing, distribution, and content of the notices.
Amended by 2007 Ga. Laws 241,§ 3, eff. 5/24/2007.
Added by 2005 Ga. Laws 163,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 34 - IDENTITY THEFT (§§ 10-1-910 — 10-1-915) › Section 10-1-915 - Notice of right to security freeze

At any time that a consumer is required to receive a summary of rights required by
15 U.S.C. Section 1681g(d)
of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice:
"Georgia Consumers Have the Right to Obtain a Security Freeze.
You have a right to place a 'security freeze' on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.
To provide that authorization you must contact the consumer reporting agency and provide all of the following:
The personal identification number or password.
Proper identification to verify your identity.
The proper information regarding the period of time for which the report shall be available.
A consumer reporting agency must authorize the release of your credit report no later than fifteen (15) minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. You have a right to bring civil action against anyone, including a consumer reporting agency, who improperly obtains access to a file, knowingly or willfully misuses file data, or fails to correct inaccurate file data. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crimes, or you are 65 or older, a consumer reporting agency has the right to charge you a fee of no more than $3.00 to place a freeze on your credit report."
Added by 2008 Ga. Laws 568,§ 1, eff. 8/1/2008.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 35 - True Origin of Digital Goods Act (§§ 10-1-930 — 10-1-935) › Section 10-1-930 - Short title

This article shall be known and may be cited as the "Georgia True Origin of Digital Goods Act."
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2022 Ga. Laws 744,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 35 - True Origin of Digital Goods Act (§§ 10-1-930 — 10-1-935) › Section 10-1-931 - Definitions

As used in this article, the term:
(1)
"Commercial recording or audiovisual work" means a recording or audiovisual work:
(A)
Consisting of substantially all of such recording or audiovisual work; and
(B)
Whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate for sale, for rental, or for performance or exhibition to the public, regardless of whether a commercial advantage or private financial gain is sought or the person disseminating it owns a license of such recording or audiovisual work.
(2)
"Electronic dissemination" or "electronically disseminates" means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the internet or other digital network, regardless of whether such commercial recording or audiovisual work has been previously electronically disseminated by another person.
(3)
"Person" means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, or any other legal or commercial entity.
(4)
"Third-party commercial recording" means a commercial recording not belonging to the owner of a website or online service that electronically disseminates it.
(5)
"Website" means a set of related web pages served from a single web domain. Such term shall not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears.
Added by 2022 Ga. Laws 744,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 35 - True Origin of Digital Goods Act (§§ 10-1-930 — 10-1-935) › Section 10-1-932 - Disclosures to consumers; readily accessible defined

(a)
A person that owns or operates a website or online service that consists, to a substantial extent of the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and that electronically disseminates such works to consumers in this state shall clearly and conspicuously disclose its true and correct name, physical address, telephone number, and email address on such website or online service in a location readily accessible to a consumer using or visiting the website or online service.
(b)
The following locations shall be deemed readily accessible for purposes of this article:
(1)
A home page or screen;
(2)
An "about" or "about us" web page or screen;
(3)
A "contact" or "contact us" web page or screen;
(4)
An information web page or screen; or
(5)
Another place on the website or online service commonly used to display identifying information to consumers.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2022 Ga. Laws 744,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 35 - True Origin of Digital Goods Act (§§ 10-1-930 — 10-1-935) › Section 10-1-933 - Civil actions authorized; compliance; recovery of expenses

(a)
An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this article may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this article and to obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate this article. As a condition precedent to filing a civil action under this article, the aggrieved party must make reasonable efforts to place any person alleged to be in violation of this article on notice that such person may be in violation of this article and that failure to cure within 14 days may result in a civil action filed in a court of competent jurisdiction.
(b)
Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this article.
(c)
The prevailing party in a cause under this article is entitled to recover necessary expenses and reasonable attorney's fees.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2022 Ga. Laws 744,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 35 - True Origin of Digital Goods Act (§§ 10-1-930 — 10-1-935) › Section 10-1-934 - Limitation on application and applicability

(a)
This article shall be supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this article.
(b)
This article shall not:
(1)
Bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law; or
(2)
Impose liability on providers of an interactive computer service, communications service, commercial mobile service, or information service, including, but not limited to, an internet access service provider, advertising network or exchange, domain name registration provider, and a hosting service provider, if they provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, commercial mobile radio service, or information service for use of such services by another person that is in violation of this article.
Added by 2022 Ga. Laws 744,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 35 - True Origin of Digital Goods Act (§§ 10-1-930 — 10-1-935) › Section 10-1-935 - Violations and enforcement

(a)
A violation of this article shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975."
(b)
A public or private right or remedy prescribed by Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975," may be used to enforce this article.
Added by 2022 Ga. Laws 744,§ 2, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 36 - Online Marketplace Requirements (§§ 10-1-940 — 10-1-945) › Section 10-1-943 - Reporting suspicious marketplace activity

An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third-party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
Added by 2022 Ga. Laws 820,§ 2, eff. 1/1/2023.
Renumbered from 10-1-933.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 36 - Online Marketplace Requirements (§§ 10-1-940 — 10-1-945) › Section 10-1-944 - Use of information or documents; security

(a)
Information or documents collected solely to comply with the requirements of this article shall not be used for any other purpose unless required by law.
(b)
An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the information or documents collected to comply with the requirements of this article from unauthorized use, disclosure, access, destruction, or modification.
Added by 2022 Ga. Laws 820,§ 2, eff. 1/1/2023.
Renumbered from 10-1-934.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 36 - Online Marketplace Requirements (§§ 10-1-940 — 10-1-945) › Section 10-1-945 - Civil actions by Attorney General; other remedies

(a)
If the Attorney General has reason to believe that any online marketplace has violated or is violating this article and such violation affects one or more residents of this state, the Attorney General may bring a civil action in any appropriate court to:
(1)
Enjoin further such violation by the defendant;
(2)
Enforce compliance with this article;
(3)
Obtain damages, restitution, or other compensation on behalf of the residents of this state; and
(4)
Obtain other remedies permitted under state law.
(b)
Any violation of this article shall additionally be a violation of Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975"; provided, however, that only public remedies as administered by the Attorney General shall be available under such part for violations of this article.
(c)
Nothing in this article shall be construed to prohibit any district attorney, law enforcement officer, official, or agency of this state from initiating or continuing any proceeding in a court against an online marketplace for a violation of any other civil law or a criminal law of this state.
Added by 2022 Ga. Laws 820,§ 2, eff. 1/1/2023.
Renumbered from 10-1-935.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-1 - Definitions

As used in this chapter and any rules or regulations promulgated pursuant to this chapter, the term:
(1)
"Commissioner" means the Commissioner of Agriculture, the primary constitutional officer of the Georgia Department of Agriculture, charged with the responsibility of enforcing weights and measures laws and regulations.
(2)
"Correct," as used in connection with weights and measures, means conformance to all applicable requirements of this chapter.
(3)
"Measure" means a volume of standard dry or liquid capacity.
(4)
"Package" means any commodity put up or packaged in any manner, in advance of sale, in units suitable for either wholesale or retail sale.
(5)
"Person" means and includes individuals, partnerships, firms, corporations, companies, societies, and associations.
(6)
"Primary standards" means the physical standards of the State of Georgia which serve as the legal reference from which all other standards and weights and measures are derived.
(7)
"Sale from bulk" or "bulk sale" means the sale of commodities when the quantity is determined at the time of the sale.
(8)
"Secondary standards" means the physical standards which are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations.
(9)
"Weight," as used in connection with any commodity, means net weight.
(10)
"Weights and measures" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-2 - Recognized systems of weights and measures

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized; and either one, or both, of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the State of Georgia.
Amended by 2015 Ga. Laws 70,§ 4-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-3 - Primary standards of weights and measures; prescribing and verifying secondary standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the State of Georgia's primary standards of weights and measures and shall be maintained in such calibration as prescribed by the National Institute of Standards and Technology. All secondary standards may be prescribed by the Commissioner and shall be verified upon their initial receipt, and as often thereafter as deemed necessary, by the Commissioner.
Amended by 2015 Ga. Laws 70,§ 4-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-4 - Technical requirements for commercial weighing and measuring devices

The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44, entitled "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to commercial weighing and measuring devices in the State of Georgia, except insofar as modified or rejected by rules and regulations.
Amended by 2015 Ga. Laws 70,§ 4-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-6 - Power of Commissioner to inspect commercial premises and vehicles; stop-use or stop-sale, hold, and removal orders; seizure

When necessary for the enforcement of this chapter or rules or regulations promulgated pursuant to this chapter, the Commissioner is:
(1)
Authorized to enter any commercial premises when open for business, except that, in the event such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained;
(2)
Empowered to issue stop-use, hold, and removal orders with respect to any commercially used weights and measures and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale;
(3)
Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this chapter or rules or regulations promulgated pursuant thereto;
(4)
Empowered to stop any commercial vehicle and, after presentment of his credentials, inspect the contents, require that the person in charge of the vehicle produce any documents in his possession concerning the contents of the vehicle, and require him to proceed with the vehicle to some specified place, which shall not be more than 25 miles distant from the location where the vehicle was stopped, for inspection;
(5)
Authorized to investigate and prosecute any person violating this chapter.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-7 - Misrepresentation of quantity in selling or buying prohibited

No person shall sell, offer, or expose for sale less than the quantity he represents nor take any more than the quantity he represents when, as buyer, he furnishes the weight or measure by means of which the quantity is determined.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-8 - Misrepresentation or deception in pricing by weight, measure, or count prohibited

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated to, or tending to, mislead or in any way deceive a person.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-9 - Permissible methods of selling by quantity

Except as otherwise provided by rules or regulations promulgated by the Commissioner, commodities in a liquid form shall be sold by liquid measure or by weight; and commodities not in the liquid form shall be sold only by weight, measure, or count, so long as the method of sale provides accurate quantity information.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-10 - Delivery tickets for bulk sales and bulk deliveries of heating fuel

Whenever the quantity is determined by the seller, bulk sales in excess of $20.00 and all bulk deliveries of heating fuel shall be accompanied by a delivery ticket containing the following information:
(1)
The name and address of the vendor and purchaser;
(2)
The date delivered;
(3)
The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;
(4)
The identity of the goods or commodities in the most descriptive terms commercially practicable, including any quantity representation made in connection with the sale; and
(5)
The count of individually wrapped packages, if more than one.
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-11 - Information required on packages

Except as otherwise provided in this chapter or by rules or regulations promulgated pursuant to this chapter, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:
(1)
The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
(2)
The quantity of contents in terms of weight, measure, or count; and
(3)
The name and place of business of the manufacturer, packer, or distributor in the case of any package kept, offered, exposed for sale, or sold in any place other than on the premises where packed.
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-12 - Unit price required on packages with random weights

In addition to the declarations required by Code Section
10-2-11
, any package which is one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall contain a plain and conspicuous declaration of the price per single unit of weight on the outside of the package.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-13 - Advertisements of packaged commodities must state quantity with retail price

Whenever a packaged commodity is advertised in any manner with the retail price stated, a declaration of quantity as is required by this article or by rule or regulation of the Commissioner of Agriculture shall appear on the package and shall be closely and conspicuously associated with the retail price. Where a dual declaration is required, only the declaration that sets forth quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 2 - WEIGHTS AND MEASURES (§§ 10-2-1 — 10-2-54) › Article 1 - GENERAL PROVISIONS (§§ 10-2-1 — 10-2-23) › Section 10-2-14 - Using or possessing incorrect weight or measure; removing tags, seals, or marks; obstructing enforcement

It shall be unlawful for any person to:
(1)
Use or possess any incorrect weight or measure for use in commerce;
(2)
Remove any tag, seal, or mark from any weight or measure without specific written authorization from the Commissioner;
(3)
Hinder or obstruct the Commissioner or any deputy or other official designated by the Commissioner and charged with the enforcement of the laws of this state dealing with weights and measures in the performance of his duties.