reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-2 - Application

(a)
Except as otherwise provided in subsection (b) or (c) of this Code section, this chapter applies to a mediation in which:
(1)
The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
(2)
The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(3)
The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or as a provider of mediation services.
(b)
This chapter shall not apply to a mediation:
(1)
Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
(2)
Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of such a dispute that has been filed with an administrative agency or court;
(3)
Conducted by a judge where that judge acts as a mediator and may still make a ruling on the dispute; or
(4)
Conducted under the auspices of:
(A)
A primary or secondary school if all the mediation parties are students; or
(B)
A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution.
(c)
If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Code Sections
9-17-3
through
9-17-5
do not apply to the mediation or part agreed upon. However, Code Sections
9-17-3
through
9-17-5
apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-3 - Mediation communication as privileged; use of mediation evidence

(a)
Except as otherwise provided in Code Section
9-17-6
, a mediation communication is privileged as provided in subsection (b) of this Code section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Code Section
9-17-4
.
(b)
In a proceeding, the following privileges apply:
(1)
A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication;
(2)
A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator; and
(3)
A nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation communication of the nonparty participant.
(c)
Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-4 - Waiver of privilege; criminal activity

(a)
A privilege under Code Section
9-17-3
may be waived in a record if it is expressly waived by all mediation parties and:
(1)
In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(2)
In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(b)
A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Code Section
9-17-3
, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(c)
A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Code Section
9-17-3
.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-5 - When communication privilege is inapplicable; use of mediation evidence

(a)
There shall be no privilege under Code Section
9-17-3
for a mediation communication that is:
(1)
In an agreement evidenced by a record signed by all parties to the agreement;
(2)
Available to the public under Article 4 of Chapter 18 of Title 50, relating to open records, or made during a session of a mediation which is open, or is required by law to be open, to the public;
(3)
A threat or statement of a plan to inflict bodily injury or commit a criminal act of violence;
(4)
Intentionally used to plan a criminal act, to commit or attempt to commit a criminal act, or to conceal an ongoing criminal act or criminal activity;
(5)
Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
(6)
Except as otherwise provided in subsection (c) of this Code section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
(7)
Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the public agency participates in the Division of Family and Children Services mediation.
(b)
There shall be no privilege under Code Section
9-17-3
if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:
(1)
A court proceeding involving a felony; or
(2)
Except as otherwise provided in subsection (c) of this Code section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(c)
A mediator shall not be compelled to provide evidence of a mediation communication referred to in paragraph (6) of subsection (a) or paragraph (2) of subsection (b) of this Code section.
(d)
If a mediation communication is not privileged under subsection (a) or (b) of this Code section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this Code section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-6 - Limited disclosures by mediators

(a)
Except as provided in subsection (b) of this Code section, a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(b)
A mediator may disclose:
(1)
Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2)
A mediation communication as permitted under Code Section
9-17-5
; or
(3)
A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(c)
A communication made in violation of subsection (a) of this Code section may not be considered by a court, administrative agency, or arbitrator.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-7 - Limited disclosures of mediation and mediation communications

Notwithstanding any provision of this chapter to the contrary, mediation and mediation communications, and such related conduct, shall not be admissible or subject to disclosure, except to the extent agreed to by the parties in writing or as provided in Code Section
24-4-408
or other law or court required rule of this state, unless such communications are subject to Article 4 of Chapter 18 of Title 50, relating to open records.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-8 - Review of mediator's conflict of interest; required disclosures by mediator; exclusion; special qualifications not required

(a)
Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1)
Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(2)
Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.
(b)
If a mediator learns any fact described in paragraph (1) of subsection (a) of this Code section after accepting a mediation, the mediator shall disclose it as soon as is practicable.
(c)
At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
(d)
A person that violates subsection (a) or (b) of this Code section is precluded by the violation from asserting a privilege under Code Section
9-17-3
.
(e)
Subsection (a), (b), or (c) of this Code section shall not apply to an individual acting as a judge.
(f)
This chapter shall not require that a mediator have a special qualification by background or profession.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-9 - Participation with attorney or designated representative

An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-10 - Application of federal Model Law

(a)
As used in this Code section, the term "Model Law" means the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, as approved at the 51st Session of the United Nations Commission on International Trade Law on June 26, 2018.
(b)
Except as otherwise provided in subsections (c) and (d) of this Code section, if a mediation is an international commercial mediation as defined by the Model Law, the mediation is governed by the Model Law.
(c)
Unless the parties agree in accordance with subsection (c) of Code Section
9-17-2
, that all or part of an international commercial mediation is not privileged, Code Sections
9-17-3
,
9-17-4
, and
9-17-5
and any applicable definitions in Code Section
9-17-1
also apply to the mediation and nothing in Article 11 of the Model Law derogates from Code Sections
9-17-3
,
9-17-4
, and
9-17-5
.
(d)
If the parties to an international commercial mediation agree that the Model Law shall not apply, this chapter shall apply.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-11 - Application of federal Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but shall not modify, limit, or supersede Section 101(c) of such act or authorize electronic delivery of any of the notices described in Section 103(b) of such act.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-12 - Uniformity across jurisdictions

In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-13 - Severability

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 17 - GEORGIA UNIFORM MEDIATION ACT (§§ 9-17-1 — 9-17-14) › Section 9-17-14 - Applicability

This chapter shall apply to all mediation agreements and mediation proceedings entered into on or after July 1, 2021.
Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-1 - Short title

This article shall be known and may be cited as "The Retail Installment and Home Solicitation Sales 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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-5 - Mail order and telephone sales

Retail installment contracts negotiated and entered into by mail or telephone without personal solicitation by salesmen or other representatives of the seller, where a catalogue of the seller or other printed solicitation of business which is distributed and made available generally to the public clearly sets forth the cash price and other terms of sales to be made through such medium, may be made as provided in this Code section. All of the provisions of this article relating to contracts shall apply to such sales, except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in subsection (e) of Code Section
10-1-3
; and, if the contract when received by the seller contains any blank spaces, the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalogue or other printed solicitation which is then in effect. In lieu of presenting the buyer with a copy of the contract as provided in subsection (e) of Code Section
10-1-3
, the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer.
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 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-6 - Buyer's right to cancel home solicitation sale

(a)
The buyer shall have a right to cancel a home solicitation sale agreement until 12:00 Midnight of the third business day after the day on which the buyer signs the agreement.
(b)
Notice of cancellation under this Code section shall be given to the seller at the place of business as set forth in the agreement by certified mail or statutory overnight delivery, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the agreement.
(c)
In the event of cancellation pursuant to this Code section, the installment seller shall refund to the buyer within ten days after the cancellation all deposits, including any down payment made under the agreement, and redeliver any goods traded in to the seller on account or in contemplation of the home solicitation sale agreement.
(d)
In the event of cancellation pursuant to this Code section, the seller shall have the right to charge the buyer 5 percent of the gross sales price of the merchandise purchased by the buyer or $25.00, whichever is less, as liquidated damages. The seller shall also be entitled to reclaim and the buyer shall return, whenever possible, the home solicitation sale agreement. The buyer shall incur no additional liability for cancellation pursuant to this Code section.
(e)
If the buyer has received the merchandise sold, the buyer must return that merchandise unused, in the same condition as received by the buyer. The seller shall pick up the merchandise at the place sold within a reasonable time after notice of cancellation; and the seller shall receive from the buyer at that time the actual cost of picking up the merchandise or $5.00, whichever is less.
(f)
Notice of cancellation given by the buyer need not take any particular form and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the home solicitation sale.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-7 - Providing for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees

(a)
A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. The charge may not exceed $25.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys' fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs.
(b)
A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a delinquency charge as specified in subsection (a) of this Code section may be charged; and a bad instrument fee not to exceed the amount specified in subsection (j) of Code Section
16-9-20
and Code Section
13-6-15
may be charged to the buyer and added to the unpaid balance on the buyer's account if ten days have elapsed since the retail seller has mailed to the buyer at his or her last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded.
Amended by 2007 Ga. Laws 328,§ 1, eff. 7/1/2007.
Amended by 2003 Ga. Laws 355, § 1, eff. 6/4/2003.
Amended by 2001 Ga. Laws 227.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-8 - Security interest not taken on certain items; application of payments to revolving accounts; written agreements

(a)
Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items. Each payment with respect to a revolving account shall be applied to goods and services as follows: first to unpaid time price differential or finance charge; then, as to goods purchased on different dates, the first purchased shall be deemed first paid for; as to goods purchased on the same date, the lowest priced shall be deemed first paid for.
(b)
Nothing contained in subsection (a) of this Code section shall prevent the parties from agreeing in writing for the payments to be otherwise applied; provided, however, that this Code section shall be construed consistently with Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975." Nothing in this Code section shall be deemed to authorize any act or practice which would otherwise be deemed unfair and deceptive under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975."
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-9 - Transfer of retail installment contracts or revolving accounts

(a)
Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or revolving account to any person, firm, or corporation on such terms and conditions and for such price as may be mutually agreed upon. Unless the buyer has notice of the assignment, payment thereunder made by the buyer to the last known owner of the contract or account shall be binding on all subsequent owners thereof.
(b)
In no event will any such assignment bar any right of action against the seller arising as a result of this article, nor will any such assignment bar any defense against the sales finance company or other assignee arising as a result of subsection (b) of Code Section
10-1-15
.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-10 - Disposition of goods repossessed after default; right to recover deficiency

When any goods have been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after said repossession he forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's or holder's intention to pursue a deficiency claim against the buyer. The notice shall also advise the buyer of his rights of redemption, as well as his right to demand a public sale of the repossessed goods. In the event the buyer exercises his right to demand a public sale of the goods, he shall in writing so advise the seller or holder of his election by registered or certified mail or statutory overnight delivery addressed to the seller or holder at the address from which the seller's or holder's notice emanated, within ten days after the posting of the original seller's or holder's notice.
In the event of election of such public sale by the buyer, the seller or holder shall dispose of the repossessed goods at a public sale as provided by law, to be held in the state and county where the original sale took place or the state and county of the buyer's residence, at the seller's election.
This Code section is cumulative of Part 6 of Article 9 of Title 11 and provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim will lie against a buyer, and nothing in this Code section shall be deemed to repeal said part.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-11 - Second mortgage statute not affected; exemption from loan and interest statutes

Nothing contained in this article shall be construed so as to amend, modify, supersede, or repeal Article 2 of Chapter 4 of Title 7, relating to charges and interest on loans secured by secondary security deeds, as now or hereafter amended, nor shall any of the provisions of the loan or interest statutes of this state affect or apply to any retail installment and home solicitation sale.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-12 - Prior contracts or accounts not affected

This article shall not make unlawful contracts or accounts in effect prior to October 1, 1967.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-13 - Waiver of this article void

Any waiver of this article shall be unenforceable and void.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-14 - Limitation of actions

(a)
No action shall be brought under this article more than four years after the person bringing the action knew or should have known of the occurrence of the alleged violation.
(b)
The period of time specified by this Code section shall only apply to violations of this article which occur after July 1, 1979.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-15 - Criminal and civil penalties

(a)
Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and shall be punished as for a misdemeanor for each subsequent offense.
(b)
A violation of subsection (d) of Code Section
10-1-3
shall bar recovery of any finance charge, delinquency, or collection charge on the contract. A violation of subsection (b) of Code Section
10-1-4
shall bar recovery of any finance charge, delinquency, or collection charge stated on or collected in connection with the statement on which any such violation shall occur.
(c)
In case of a willful violation of any provision of this article, with respect to any transaction, the retail buyer in such transaction may recover from the person committing the violation (or may set off or counterclaim in any action by such person) a minimum of $100.00 or double the time price differential and any delinquency charge and any attorneys' fees and court costs charged and paid with respect to such transaction; but the retail seller may recover from the retail buyer an amount equal to the cash price of the goods or services in such transaction and the cost of any insurance purchased by the retail seller for the retail buyer in connection therewith.
(d)
Notwithstanding this Code section, any failure to comply with any provisions of subsection (d) of Code Section
10-1-3
may be corrected within ten days after the date of execution of the retail installment contract by the buyer; and, if so corrected, neither the seller nor the holder is subject to any penalty under this Code section.
(e)
A seller or holder shall not be held liable in any action brought under this Code section for a violation of this article if the seller or holder shows by clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error.
(f)
The penalties under this Code section shall be the sole remedy for violations of this article and a claim of violation of this article may be asserted in an individual action only.
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 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES (§§ 10-1-1 — 10-1-16) › Section 10-1-16 - Inapplicability of this article to educational entities and student loan transactions

This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly exempted from the operation of its provisions.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-20 - Short title

This article shall be known and may be cited as the "Georgia Door-to-Door Sales Act."
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-21 - Definitions

As used in this article, unless the context otherwise requires, the term:
(1)
"Business days" means any calendar day except Saturdays, Sundays, and any federal holiday.
(2)
(A)
"Door-to-door sale" means a sale, lease, or rental of goods or services:
(i)
Solicited in person by the seller or seller's representative, including, but not limited to, solicitations in response to or following an invitation by the buyer;
(ii)
For which the buyer's agreement or offer to purchase is made at a place other than the seller's place of business; and
(iii)
That includes the following three components:
(I)
Payments of $10,000.00 or more;
(II)
A lease, financing arrangement, or other agreement with a term of more than 120 months; and
(III)
Is eligible, or is alleged by the seller or seller's representative to be eligible, for federal tax credits.
(B)
"Door-to door sale" shall not include a transaction:
(i)
Conducted without any in-person contact between the buyer and the seller or seller's representative prior to delivery of the goods or performance of the services;
(ii)
In which the buyer has initiated the contact and specifically requested the seller or seller's representative to visit the buyer's home for the purpose of repairing or performing maintenance upon the buyer's property. If, in the course of such a visit, the seller sells the buyer the right to receive additional goods or services, other than replacement parts necessarily used in performing maintenance or making repairs, the sale of those additional goods or services would not fall under this exclusion; or
(iii)
Pertaining to the sale or rental of real property or to the sale of insurance.
(3)
"Place of business" means the main or permanent branch, office, or local address of a seller.
(4)
"Purchase price" means the total price paid or to be paid for the goods or services, including all interest and service charges.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-22 - Seller's obligation to provide sales receipt or contract; obligation of buyer upon cancellation

(a)
The seller shall furnish the buyer with a fully completed receipt of the purchase price or copy of the contract pertaining to any door-to-door sale at the time of its execution. Such receipt or contract shall:
(1)
Be in each language used in the oral sale presentation and the in-person interaction between seller and buyer;
(2)
Show the date of the transaction and contain the name and address of the seller;
(3)
Be in at least ten-point boldface type;
(4)
Have adjacent to the contract's signature lines, or on the front page of the receipt if a contract is not used, the following statement:
"You, the buyer, may cancel this transaction at any time prior to midnight of the thirtieth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right."; and
(5)
Provide the buyer with a duplicate notice of cancellation as outlined in Code Section
10-1-23
.
(b)
In the event of cancellation, the buyer must be able to retain a complete copy of the receipt or contract.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-23 - Notice of cancellation; form

(a)
The seller in a door-to-door sale shall provide to each buyer, at the time the buyer signs the door-to-door sales contract or otherwise agrees to buy goods or services from the seller, a notice of cancellation form meeting the requirements of subsection (b) of this Code section that may be used by the buyer.
(b)
The form shall be captioned "NOTICE OF CANCELLATION" and shall provide the following information in at least ten-point boldface type:
(1)
That the buyer has 30 business days to cancel the sale;
(2)
That upon cancellation all of the buyer's payments will be returned within ten business days;
(3)
That the buyer may keep or dispose of the goods if the seller fails to pick them up within 20 business days of the date of the notice of cancellation;
(4)
The seller's name and the address or email address to which notices of cancellation must be sent;
(5)
That the buyer has until midnight of the thirtieth business day to cancel the transaction; and
(6)
A signature and date line for the buyer.
(c)
The seller shall inform the buyer orally, at the time that the buyer signs the contract or purchases the goods or services, of the buyer's right to cancel.
(d)
The seller shall notify the buyer within ten days of receipt of the buyer's notice of cancellation whether the seller intends to repossess or to abandon any shipped, delivered, or installed goods.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-24 - Timing of financing or other third-party notifications

The seller in a door-to-door sale shall not negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight on the second day following the end of the period during which the buyer has a right to cancel pursuant to this article.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-25 - Utilization of federal provisions

The use of the forms and notices of the right to cancel prescribed by the Federal Trade Commission's trade regulation rule, 16 C.F.R. Part 429 , establishing a cooling-off period for door-to-door sales, may be used to comply with Code Sections
10-1-22
and
10-1-23
; provided, however, that they are altered to accurately reflect the provisions of such Code sections and are in compliance with all provisions of this article.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-26 - Buyers' continuing rights under other statutory provisions

The rights of buyers in a door-to-door sale shall be not limited to those provided for in this article. Buyers in a door-to-door sale shall also have all applicable rights and remedies afforded under any other state or federal laws.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 1A - GEORGIA DOOR-TO-DOOR SALES (§§ 10-1-20 — 10-1-27) › Section 10-1-27 - Exemptions

(a)
The requirements of this article shall not apply to sellers of automobiles, vans, trucks, motorized farm equipment, or other motor vehicles that are sold at auctions, tent sales, or other temporary places of business, provided that the seller is a seller of vehicles with a permanent place of business.
(b)
The requirements of this article shall not apply to sellers of arts, crafts, food, beverages, or other goods or services that are sold at fairs, carnivals, festivals, or other community events.
(c)
The requirements of this article shall not apply to sellers of goods or services that are sold at events sponsored, licensed, or hosted by this state, any local government, a church, or a public charity.
Added by 2023 Ga. Laws 263,§ 1, eff. 7/1/2023.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-30 - Short title

This article shall be known and may be cited as the "Motor Vehicle Sales Finance 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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-33.1 - Advancement of money for satisfaction of lease, lien, or security interest in motor vehicle

A retail installment seller may advance money to a buyer or pay money to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on a motor vehicle which is the subject of a retail installment transaction under this article. Any amount so advanced or paid may be financed as part of a retail installment contract and shall not be considered a loan. The transaction and the seller making such advance or payment shall be exempt from the provisions of Chapter 3 of Title 7, relating to installment loans, from the provisions of Chapter 4 of Title 7, relating to interest and usury, and from any other provision of Georgia law regulating loans.
Amended by 2020 Ga. Laws 409,§ 8, eff. 6/30/2020.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-34 - Right to prepay debt; credit upon anticipation of payments

Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of any retail installment contract and, in so paying the debt, shall receive a refund credit thereon for the anticipation of payments. The amount of the refund shall represent at least as great a proportion of the finance charge as the sum of the monthly time balance after the month in which prepayment is made bears to the sum of all the monthly time balances under the schedule of payments in the contract. This method of refund upon prepayment is commonly referred to as the "Rule of 78" or the "Sum of the Digits" refund method. Where the amount of credit is less than $1.00, no refund need be made. This Code section shall not apply to credit upon anticipation of payments or upon acceleration in those cases where the seller or holder of the contract has computed finance charges according to the actuarial method as set forth in Code Section
10-1-33
.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-35 - Refinancing retail installment contract

The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments or deferred payment or payments or renew or restate the unpaid time balance of such contract, the amount of the installments, and the time schedule therefor and may collect for such extension, deferment, renewal, or restatement a refinance charge computed as follows: In the event the unpaid time balance of the contract is extended, deferred, renewed, or restated, the holder may compute the refinance charge on such amount by adding to the unpaid time balance the cost for insurance and other benefits incidental to the refinancing plus any accrued delinquency and collection charges after deducting any refund which may be due the buyer at the time of the renewal or restatement by prepayment pursuant to Code Section
10-1-34
, at the rate of the finance charge specified in subsection (a) of Code Section
10-1-33
, and by reclassifying the motor vehicle by its then year model, for the term of the refinancing agreement, but otherwise subject to the provisions of this article governing computation of the original finance charge. The provisions of this article relating to minimum finance charges under subsection (b) of Code Section
10-1-33
and acquisition costs under the refund schedule in Code Section
10-1-34
shall not apply in calculating refinance charges on the contract extended, deferred, renewed, or restated. If all unpaid installments are deferred for not more than two months, the holder may, at his election, charge and collect for such deferment an amount equal to the difference between the refund required for prepayment in full under Code Section
10-1-34
as of the scheduled due date of the first deferred installment and the refund required for prepayment in full as of one month prior to said date times the number of months in which no scheduled payment is made.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-36 - Disposition of motor vehicle repossessed after default; right to recover deficiency

(a)
When any motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after the repossession he or she forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's or holder's intention to pursue a deficiency claim against the buyer. The notice shall also advise the buyer of his or her rights of redemption, as well as his or her right to demand a public sale of the repossessed motor vehicle. In the event the buyer exercises his or her right to demand a public sale of the goods, he or she shall in writing so advise the seller or holder of his or her election by registered or certified mail or statutory overnight delivery addressed to the seller or holder at the address from which the seller's or holder's notice emanated within ten days after the posting of the original seller's or holder's notice.
(b)
In the event of election of such public sale by the buyer, the seller or holder shall dispose of said repossessed motor vehicle at a public sale as provided by law, to be held in the state and county where the original sale took place, or the state and county where the motor vehicle was repossessed, or the state and county of the buyer's residence, at the seller's election.
(c)
This Code section is cumulative of Part 6 of Article 9 of Title 11 and provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim will lie against a buyer, and nothing herein shall be deemed to repeal said part.
Amended by 2002 Ga. Laws 874, § 9, eff. 7/1/2002.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-36.1 - Assertion of violation on loan or contract secured by motor vehicle only in individual action

(a)
A claim of violation on any loan or contract secured by an interest in a motor vehicle may be asserted in an individual action only and may not be the subject of a class action under Code Section
9-11-23
or any other provisions of law.
(b)
Nothing contained in this Code section shall apply to class actions involving mobile homes or manufactured homes pending in any courts of this state, including any United States courts, on February 22, 1985, as to the parties to and subject matter then before such courts.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-37 - Waiver of this article void

Any waiver of this article shall be unenforceable and void.
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 2 - MOTOR VEHICLE SALES FINANCING (§§ 10-1-30 — 10-1-42) › Section 10-1-38 - Criminal and civil penalties

(a)
Any person who shall willfully and intentionally violate this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and shall be punished as for a misdemeanor for each subsequent offense.
(b)
A violation of Code Section
10-1-33
by the seller or holder shall bar recovery of any finance charge, delinquency, or collection charge on the contract.
(c)
In case of a willful violation of this article with respect to any transaction, the buyer in such transaction may recover from the person committing the violation (or may set off or counterclaim in any action by such person) a minimum of $100.00 or double the time price differential and any delinquency charge and any attorneys' fees and court costs charged and paid with respect to such transaction, but the seller may recover from the buyer an amount equal to the cash price of the goods or services in such transaction and the cost of any insurance purchased by the seller for the buyer in connection therewith.
(d)
Notwithstanding this Code section, any failure to comply with Code Section
10-1-33
may be corrected within ten days after the date of execution of the retail installment contract by the buyer; and, if so corrected, neither the seller nor the holder is subject to any penalty under this Code section.