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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 3 - MULTILEVEL DISTRIBUTION COMPANIES; SALE OF BUSINESS OPPORTUNITIES (§§ 10-1-410 — 10-1-417) › Section 10-1-414 - Prohibited acts by sellers

Sellers shall not:
(1)
Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential, which data shall be furnished to the Attorney General or his or her representatives upon request;
(2)
Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity or multilevel distribution company; or
(3)
Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner represent, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or multilevel program.
Amended by 2015 Ga. Laws 187,§ 3, 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 3 - MULTILEVEL DISTRIBUTION COMPANIES; SALE OF BUSINESS OPPORTUNITIES (§§ 10-1-410 — 10-1-417) › Section 10-1-416 - Appointment of Secretary of State as agent for service of process

(a)
Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall irrevocably appoint the Secretary of State of this state as its agent for service of process for any alleged violation of this part and shall pay a $10.00 filing fee. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state.
(b)
Any seller which numbers among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby irrevocably appointed the Secretary of State as its agent for service of process for any alleged violation of this part.
(c)
Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the last known post office address of such seller; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail or statutory overnight delivery addressed to such seller at the address given in such affidavit.
Amended by 2002 Ga. Laws 872, § 1, 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 3 - MULTILEVEL DISTRIBUTION COMPANIES; SALE OF BUSINESS OPPORTUNITIES (§§ 10-1-410 — 10-1-417) › Section 10-1-417 - Purchaser and participant remedies; violations as unfair or deceptive acts; penalty

(a)
If a business opportunity seller or multilevel distribution company uses any untrue or misleading statements; or fails to comply with Code Section
10-1-411
; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation within 45 days of the delivery date stated in the contract; or if the business opportunity seller or multilevel distribution company does not comply with the requirements of Code Sections
10-1-410
through
10-1-416
, then, within one year of the date of the contract, upon written notice to the seller, the purchaser or participant may void the contract and shall be entitled to receive from the seller all sums paid to the seller. Upon receipt of such sums, the purchaser or participant shall make available to the seller at the purchaser's or participant's address or at the places at which they are located at the time notice is given, all products, equipment, or supplies received by the purchaser or participant. However, the purchaser or participant shall not be entitled to unjust enrichment by exercising the remedies provided for in this subsection.
(b)
The violation of any provision of this part shall constitute an unfair or deceptive act or practice in the conduct of a consumer act or practice or consumer transactions under Part 2 of this article, the "Fair Business Practices Act of 1975," and shall authorize an affected participant or purchaser to seek the remedies provided for in Code Section
10-1-399
and in subsection (a) of Code Section
10-1-417
.
(c)
Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the "Georgia Uniform Securities Act of 2008," including, but not limited to, the definition of the term "security" as contained in paragraph (31) of Code Section
10-5-2
.
(d)
Any person who fails to comply with this part shall be guilty of a misdemeanor of a high and aggravated nature. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; and, if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have actual knowledge of the acts violating this part.
Amended by 2008 Ga. Laws 528,§ 5, 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-420 - Advertising without intending to sell on stated terms; disclaimers as to availability

(a)
No person, firm, or corporation shall offer for sale merchandise, commodities, or services by making, publishing, disseminating, circulating, or placing before the public within this state in a newspaper or other publication, or in the form of a book, notice, handbill, poster, sign, billboard, bill, circular, pamphlet, letter, photograph, motion picture, or by radio, loud-speaker, telephone, television, telegraph, or in any other way, or advertise merchandise, commodities, or services with intent, design, or purpose not to sell the merchandise, commodities, or services so advertised or offered for sale at the price or upon the terms stated therein or otherwise communicated, or with intent not to sell the merchandise, commodities, or services so advertised.
(b)
Any disclaimer that merchandise, commodities, or services advertised for sale may not be available or that availability may be limited or any statement containing the conditions of a lease or rental agreement shall be in the same style as the advertisement and, if in written or printed form, such disclaimer and any asterisk or other symbol directing the attention of the reader to such disclaimer shall be not smaller than one-fifth of the type size used in the main body of the advertisement, provided that the minimum type size shall be not smaller than six-point type in Helvetica font.
(c)
Any person, firm, or corporation violating this Code section 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-421 - False or fraudulent statements in advertising prohibited; broadcaster or publisher acting in good faith excepted; penalties

(a)
No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto, shall make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, radio, television, or advertising device or by public outcry or proclamation or any other manner or means whatever, any statement concerning such real or personal property or services, professional or otherwise, or concerning any circumstances or matter of fact connected with the proposed performance or disposition thereof which is untrue or fraudulent and which is known or which by the exercise of reasonable care should be known to be untrue or fraudulent.
(b)
Nothing in this Code section shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false or fraudulent character.
(c)
Whoever violates this Code section shall be fined not less than $200.00 nor more than $1,000.00 or imprisoned not more than 20 days, or both.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-422 - Degree to be designated in advertisements using "Doctor" or "Dr."; penalty for violation

(a)
(1)
Each individual who uses the term "Doctor" or "Dr." in conjunction with his name in any letter, business card, advertisement, sign, public listing, display, or circular of any nature shall designate:
(A)
The degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise;
(B)
The degree as honorary when an honorary acknowledgment has been made;
(C)
"No degree" if he is not entitled to any such recognition.
(2)
The designation required by this subsection shall not be necessary:
(A)
If the term is a part of the person's legal name;
(B)
In the case of the use in a corporate charter of the name of a professional association or professional corporation organized in this state as provided by law.
(b)
Any person willfully violating, with intent to defraud, subsection (a) of this Code section 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-423 - Enjoining prohibited advertising

Any person, firm, or corporation offering through advertising merchandise, commodities, or services for sale in violation of Code Section
10-1-420
,
10-1-421
, or
10-1-422
may be enjoined from such advertising by the superior court having jurisdiction, upon the suit of any person aggrieved or about to be aggrieved thereby.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-424 - Misrepresenting nature of business

It shall be unlawful:
(1)
For any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words "manufacturer," "wholesaler," "retailer," or words of similar import; or
(2)
For any person, firm, association, or corporation to represent itself as selling at wholesale or use the word "wholesale" in any form of sale or advertising,
unless such person, firm, association, or corporation is actually selling at wholesale those items advertised for the purpose of resale. For the purpose of this Code section the term "wholesale" means a sale made for the purpose of resale and not one made to the consuming purchaser.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-425 - Misrepresenting ownership in advertising liquidation, auction, or going-out-of-business sale prohibited

It shall be unlawful for any person, firm, association, or corporation to misrepresent the true ownership of a business for the purpose of carrying on a liquidation sale, auction sale, or other sale which represents that the firm is going out of business; and any person, firm, association, or corporation which advertises in any manner whatever a liquidation sale, auction sale, or going-out-of-business sale shall clearly state the true name and permanent address of the actual owner or owners of such business in any and all such advertising.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 4 - FALSE ADVERTISING (§§ 10-1-420 — 10-1-427) › Section 10-1-426 - Penalty for violations of Code Sections 10-1-424 and 10-1-425; good faith exceptions

Any person, firm, association, or corporation violating any of the provisions of Code Section
10-1-424
,
10-1-424.1
, or
10-1-425
shall be guilty of a misdemeanor. Nothing in Code Section
10-1-424
,
10-1-424.1
, or
10-1-425
or this Code section shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of online or printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false or fraudulent character.
Amended by 2023 Ga. Laws 77,§ 2-3, eff. 5/1/2023, app. to contracts entered into on and after 5/1/2023; and not applicable to contracts entered into before 5/1/2023; provided, however, that any contract in violation of the provisions of Part II of this Act entered into before 5/1/2023 shall be void after the initial period set forth in such contract and shall not be renewed or otherwise extended on terms in violation of Part II of this 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 5 - LIMITED EDITION ART REPRODUCTIONS (§§ 10-1-430 — 10-1-437) › Section 10-1-430 - Definitions

As used in this part, the term:
(1)
"Art dealer" means a person who is in the business of dealing exclusively or nonexclusively in fine art multiples, a person who by his occupation holds himself out as having knowledge or skill peculiar to fine art multiples or persons to whom that knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having that knowledge or skill, or an auctioneer who sells fine art multiples at public auction. The term shall not include consignors or principals of auctioneers unless such consignors or principals are otherwise specifically defined as art dealers by this paragraph.
(2)
"Artist" means the person who created the image which is contained in or constitutes the master or who conceived of and approved the image which is contained in or constitutes the master.
(3)
"Fine art multiple" or "multiple" means any print, positive or negative photograph, or similar art object produced in more than one copy. The term includes pages or sheets taken from books or magazines but shall not include books or magazines.
(4)
"Limited edition" means fine art multiples produced from a master all of which are the same image and which bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples or which are otherwise held out as limited to a maximum number of multiples.
(5)
"Master" means a printing plate, stone, block, screen, photographic negative, or other device which contains an image and is used to produce fine art objects in multiples.
(6)
"Person" means an individual, partnership, corporation, association, or other entity.
(7)
"Print" means a multiple produced by, but not limited to, engraving, etching, woodcutting, lithography, and serigraphy and a multiple produced or developed from photographic negatives.
(8)
"Proofs" means multiples which are the same as and which are produced in a limited edition from the same master as the multiples but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate.
(9)
"Signed" means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple is produced.
(10)
"Written instrument" means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue, note, memorandum, or label describing a multiple which is to be sold, exchanged, or consigned by an art dealer.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 5 - LIMITED EDITION ART REPRODUCTIONS (§§ 10-1-430 — 10-1-437) › Section 10-1-433 - Warranties

(a)
(1)
Except as provided in paragraph (2) of this subsection, whenever an art dealer furnishes information as required by Code Section
10-1-432
, such information shall be a part of the basis of the bargain and shall create express warranties as to the information provided. Such warranties shall not be negated or limited because the art dealer in the written instrument did not use formal words such as "warrant" or "guarantee" or because the art dealer did not have a specific intention or authorization to make a warranty or because any required statement is or purports to be the art dealer's opinion. The existence of a basis in fact for information warranted by virtue of this subsection shall not be a defense in an action to enforce such warranty.
(2)
With respect to photographic multiples produced prior to 1950 and other multiples produced prior to 1900, the information required by paragraph (3) of subsection (a) of Code Section
10-1-432
shall be deemed to be correct if a reasonable basis in fact exists for the information provided.
(b)
When information is not supplied, this shall constitute the express warrant that such information is not required to be disclosed.
(c)
Whenever an art dealer disclaims knowledge as to a particular item about which information is required, such disclaimer shall be ineffective unless clearly, specifically, and categorically stated as to the particular item and contained in the physical context of other language setting forth the required information as to a specific multiple.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 5 - LIMITED EDITION ART REPRODUCTIONS (§§ 10-1-430 — 10-1-437) › Section 10-1-434 - Remedies not exclusive

(a)
The rights, liabilities, and remedies created by this part shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights, liabilities, and remedies provided by law.
(b)
Whenever an artist sells or consigns a multiple of his own creation, the artist shall incur the obligations prescribed by this part for an art dealer.
(c)
An artist or merchant who consigns a multiple to an art dealer for the purpose of effecting a sale of the multiple shall have no liability to a purchaser under this part if such consignor, as to the consignee, has complied with the provisions of this part.
(d)
When an art dealer has agreed to sell a multiple on behalf of a consignor who is not an art dealer or when an artist has not consigned a multiple to an art dealer, but the art dealer has agreed to act as the agent for an artist for the purpose of supplying the information required by this part, such art dealer shall incur the liabilities of other art dealers prescribed by this part as to a purchaser.
(e)
When an art dealer is liable to a purchaser pursuant to the provisions of this part, as a result of providing information in the situations referred to in this Code section, as well as when such an art dealer purchased such a multiple from another art dealer, if the art dealer can establish that his liability results from incorrect information which was provided by the consignor, artist, or art dealer to him in writing, and the art dealer who is liable in good faith relied on such information, the consignor, artist, or art dealer shall similarly incur such liabilities as to the purchaser and such art dealer.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 5 - LIMITED EDITION ART REPRODUCTIONS (§§ 10-1-430 — 10-1-437) › Section 10-1-435 - Civil remedies for violations

(a)
An art dealer, including a dealer consignee, who offers or sells a multiple in, into, or from this state without providing the information required in Code Sections
10-1-431
and
10-1-432
or who provides information which is mistaken, erroneous, or untrue, except for harmless errors such as typographical errors, shall be liable to the purchaser of the multiple. The art dealer's liability shall consist of the consideration paid by the purchaser for the multiple, with interest at the legal rate thereon, upon the return of the multiple in the condition in which received by the purchaser.
(b)
In any case in which an art dealer, including a dealer consignee, willfully offers or sells a multiple in violation of this part, the person purchasing such multiple may recover from the art dealer, including a dealer consignee, who offers or sells such multiple an amount equal to three times the amount required under subsection (a) of this Code section.
(c)
No action shall be maintained to enforce any liability under this Code section unless brought within one year after discovery of the violation upon which it is based and in no event more than three years after the multiple was sold.
(d)
In any action to enforce any provision of this part, the court may allow the prevailing purchaser the costs of the action together with reasonable attorneys' and expert witnesses' fees. In the event, however, the court determines that an action to enforce was brought in bad faith, it may allow such expenses to the seller as it deems appropriate.
(e)
These remedies shall not bar or be deemed inconsistent with a claim for damages or with the exercise of additional remedies otherwise available to the purchaser.
(f)
In any proceeding in which an art dealer relies upon a disclaimer of knowledge as to any relevant information set forth in Code Section
10-1-432
for any time period, such disclaimer shall be effective unless the claimant is able to establish that the art dealer failed to make reasonable inquiries, according to the custom and usage of the trade, to ascertain the relevant information or that such relevant information would have been ascertained as a result of such reasonable inquiries.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 5 - LIMITED EDITION ART REPRODUCTIONS (§§ 10-1-430 — 10-1-437) › Section 10-1-436 - Civil penalties; injunctions

(a)
Whenever the Attorney General or any district attorney has reason to believe that any person is violating any provision of this part, he may bring an action against such person to restrain or enjoin continued violations. With the exception of consent judgments entered before any testimony is taken, a final judgment under this Code section is admissible as prima-facie evidence of such specific findings of fact as may be made by the court which enters the judgment in subsequent proceedings by or against the same person or his successors or assigns.
(b)
Any person who violates any provision of this part may be liable for a civil penalty not to exceed $500.00 for each violation. Such penalty may be assessed and recovered in a civil action brought by the Attorney General or any district attorney.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 5 - LIMITED EDITION ART REPRODUCTIONS (§§ 10-1-430 — 10-1-437) › Section 10-1-437 - Exemptions

(a)
This part shall not apply to any fine art multiple when offered for sale or sold at wholesale or retail for $100.00 or less, exclusive of any frame.
(b)
Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requirements of this part if it posts in a conspicuous place, at the site of the sale or auction, a disclaimer of any knowledge of the information specified in Code Section
10-1-432
and includes such a disclaimer in a catalogue, if any, distributed by the organization with respect to the sale or auction of fine art multiples. If a charitable organization uses or employs an art dealer to conduct a sale or auction of fine art multiples, the art dealer shall be subject to all disclosure requirements otherwise required of an art dealer under this 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 6 - DISASTER RELATED VIOLATIONS (§ 10-1-438) › Section 10-1-438 - Disaster related violations of Part 1, 2, or 4 of this article; definitions; civil penalties; cause of action for damages and attorney's fees

(a)
As used in this part, the term:
(1)
"Attorney General" means the Attorney General or his or her designee.
(2)
"Disaster related violation" means any violation of Part 1, 2, or 4 of this article, which violation involves:
(A)
The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or
(B)
The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.
(3)
"Natural disaster" means any natural disaster for which a state of emergency is proclaimed by the Governor.
(b)
Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.
(c)
Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.
Amended by 2015 Ga. Laws 187,§ 5, 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 7 - GEORGIA FIREARMS INDUSTRY NONDISCRIMINATION ACT (§§ 10-1-439 — 10-1-439.4) › Section 10-1-439 - Short title

This part shall be known and may be cited as the "Georgia Firearms Industry Nondiscrimination 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 7 - GEORGIA FIREARMS INDUSTRY NONDISCRIMINATION ACT (§§ 10-1-439 — 10-1-439.4) › Section 10-1-439.1 - [Multiple versions] Definitions (§ 10-1-439.1) › 2

As used in this part, the term:
(1)
"Financial services" means any service or product offered to the consumer or business market by a bank, trust company, building and loan association, credit union as defined by Code Section
7-1-4
, any merchant acquirer limited purpose bank as defined in paragraph (12) of Code Section
7-9-2
, or a federally chartered banking institution that accepts state deposits.
(2)
"Person" means one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, and public corporations and the State of Georgia and all political subdivisions and agencies thereof. Such term shall include federally chartered banking institutions that accept state deposits.
(3)
"Trade association" means any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; that is an organization described in Section 501(c) (6) of Title 26 of the United States Code and exempt from tax under Section 501(a) of such title; and two or more members of which are manufacturers or sellers of a qualified product as defined by Section 7903(4) of Title 15 of the United States Code.
Amended by 2024 Ga. Laws 474,§ 3-1, eff. 7/1/2024.
Added by 2017 Ga. Laws 217,§ 2, eff. 5/8/2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 7 - GEORGIA FIREARMS INDUSTRY NONDISCRIMINATION ACT (§§ 10-1-439 — 10-1-439.4) › Section 10-1-439.2 - Discrimination in financial services prohibited

(a)
Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide financial services of any kind to, to refrain from continuing to provide existing financial services to, to terminate existing financial services with, or to otherwise discriminate in the provision of financial services against a person or trade association solely because such person or trade association is engaged in the lawful commerce of firearms or ammunition products and is licensed pursuant to Chapter 44 of Title 18 of the United States Code or is a trade association.
(b)
It shall be an unlawful discriminatory practice for any financial institution to require the usage of a firearms code in a way that distinguishes a firearms retailer that is physically located in this state from general merchandise retailers or sporting goods retailers, unless such required usage of a firearms code is based on a good faith conclusion that such action is required by applicable law or regulation.
(c)
It shall be unlawful for any financial institution to discriminate against a firearms retailer by declining a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code; provided, however, that a financial institution may decline or otherwise refuse to process a payment card transaction on the basis of a firearms code if such action is requested by the customer or is the result of fraud prevention procedures or merchant category exclusions offered by the financial institution for the purpose of expenditure control or corporate payment card control.
(d)
Except as otherwise required by law or regulation, a financial institution shall not disclose a financial record, including a firearms code that was collected in violation of subsection (b) of this Code section, unless such disclosure is based on a good faith conclusion that it was required by applicable law or regulation.
(e)
Nothing in this Code section shall limit the ability of a financial institution to negotiate with responsible parties or otherwise impair the financial institution's actions related to dispute processing, fraud management, or protecting transaction integrity from concerns related to illegal activities or cyber risks.
Amended by 2024 Ga. Laws 403,§ 1, eff. 7/1/2024.
Added by 2017 Ga. Laws 217,§ 2, eff. 5/8/2017.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 7 - GEORGIA FIREARMS INDUSTRY NONDISCRIMINATION ACT (§§ 10-1-439 — 10-1-439.4) › Section 10-1-439.3 - Role of Attorney General in prosecuting violators

(a)
Whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this part, the Attorney General shall, upon written request made pursuant to subsection (b) of this Code section or by his or her own initiative, investigate and, upon finding a probable violation of this part, bring an action in the name of the state against such person to:
(1)
Obtain a declaratory judgment that the act or practice violates the provisions of this part;
(2)
Enjoin any act or practice that violates the provisions of this part by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; and
(3)
Recover civil penalties of up to $10,000.00 per violation of this part or any injunction, judgment, or consent order issued or entered into under the provisions of this chapter and reasonable expenses, investigative costs, and attorney's fees.
Provided, however, that no action shall be brought by the Attorney General under this subsection until after the person who is alleged to have violated this part has received written notice from the Attorney General of the alleged violation and failed to cease the activity that is alleged to be a violation of this part within 30 days of receiving such notice.
(b)
Any person who is the subject of an action believed to be in violation of this part may request, in writing, that the Attorney General investigate the alleged violation pursuant to subsection (a) of this Code section.
(c)
The remedies set forth in this Code section shall be the exclusive remedies for violations of this part.
Amended by 2024 Ga. Laws 403,§ 1, eff. 7/1/2024.
Added by 2017 Ga. Laws 217,§ 2, eff. 5/8/2017.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 7 - GEORGIA FIREARMS INDUSTRY NONDISCRIMINATION ACT (§§ 10-1-439 — 10-1-439.4) › Section 10-1-439.4 - Exemptions

The provisions of this part shall not apply to any bank, trust company, credit union, or merchant acquirer limited purpose bank that is chartered under the laws of this state or any other state to the extent that federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this part to any federally chartered bank, trust company, credit union, or merchant acquirer limited purpose bank.
Added by 2017 Ga. Laws 217,§ 2, eff. 5/8/2017.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.5 - Short title

This part shall be known and may be cited as the "Georgia Online Automatic Renewal Transparency Act."
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.6 - Purpose; construction with federal law

(a)
The purpose of this part shall be to stop the practice of creating unnecessary barriers for customers who wish to cancel automatic renewal or continuous service subscriptions online, particularly when such subscriptions are offered online. It is the intent of the General Assembly that such practice be swiftly stopped, and this part shall be liberally construed and applied to promote its underlying purposes and policies.
(b)
It is the further intent of the General Assembly that this part be interpreted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to Section 5(a)(1) of the Federal Trade Commission Act (
15 U.S.C. Section 45(a)(1)
), as from time to time amended.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.7 - Definitions

As used in this part, the term:
(1)
"Automatic renewal" means a plan or arrangement in which an online paid subscription or purchasing agreement is automatically renewed at the end of a definite term of more than 31 days for a subsequent definite term of more than 31 days.
(2)
"Consumer" means a natural person residing in this state who enters into a transaction primarily for personal, family, or household purposes.
(3)
"Continuous service" means a plan or arrangement for a paid definite term of more than 31 days renewing for a subsequent definite term of more than 31 days in which an online subscription or purchasing agreement continues until the consumer cancels such service.
(4)
"Offer terms" means the following clear and conspicuous disclosures to the consumer:
(A)
The description of the cancellation policy as applicable to the automatic renewal offer or arrangement;
(B)
The recurring charges to be charged to the consumer's credit or debit card or payment account with a third-party payment account as part of the online automatic renewal plan or arrangement, and that the amount of such charge may change, and the amount to which such charge will change, if known;
(C)
The length of the automatic renewal term or an indication that the service is continuous, unless the length of the term is chosen by the consumer; and
(D)
The minimum purchase obligation, if any.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.8 - Online cancellation of services; alternate methods of cancellation; required information

(a)
Notwithstanding any law to the contrary, any business that allows a consumer to accept an automatic renewal or continuous service offer online shall allow a consumer to cancel the automatic renewal or continuous service online. The business shall provide a method of cancellation that is available online, which may include:
(1)
A clear and conspicuous link to a website or other online cancellation service; or
(2)
A cancellation email formatted and provided by the business that a consumer can send to the business without additional information.
(b)
Notwithstanding subsection (a) of this Code section, a business that allows a consumer to accept an automatic renewal or continuous service offer online may require a consumer to enter account information or otherwise authenticate their account online before online cancellation of the automatic renewal or continuous service if the consumer has an account with the business. A consumer who is unwilling or unable to enter account information or otherwise authenticate online before online cancellation of the automatic renewal or continuous service shall not be precluded from cancelling the automatic renewal or continuous service offline using an alternate method pursuant to subsection (c) of this Code section.
(c)
A business that allows a consumer to accept an automatic renewal or continuous service offer online shall provide a toll-free telephone number, email address, postal address if the seller directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel.
(d)
The requirements of this Code section apply to the automatic renewal terms and continuous service terms of the contract entered into online, and the remaining provisions of the contract shall continue to be governed by all applicable laws and regulations.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.9 - Consent and knowledge of consumer for automatic renewals; required notices; notification of change in terms

(a)
It shall be unlawful in this state for any business that allows a consumer to accept an automatic renewal or continuous service offer online to:
(1)
Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consumer consent to the offer;
(2)
Charge the consumer's credit or debit card, or the consumer's third-party payment account for an automatic renewal or continuous service without first obtaining the consumer's consent to the agreement containing such automatic renewal offer terms or continuous service offer terms;
(3)
Fail to provide an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms. Such acknowledgment may be from the business's own website or it may be provided via a link to a separate resource that provides instructions for unique platforms and services or other means that provide such offer terms in a manner easily retained by the consumer; or
(4)
Fail to provide a consumer with notice pursuant to subsection (b) of this Code section.
(b)
A business that allows a consumer to accept an automatic renewal or continuous service offer online shall provide the consumer with a notice prior to or within three days after charging the consumer's credit or debit card or payment account with a third party, provided that the consumer has not opted out of receiving such notice. Such notice shall clearly and conspicuously state:
(1)
That the automatic renewal or continuous service shall automatically renew unless it is canceled by the consumer;
(2)
The length and any additional terms of the renewal period;
(3)
If sent electronically, the notice shall include either a link or another reasonably accessible electronic method that directs the consumer to the cancellation process; and
(4)
Contact information for the business.
(c)
In the case of a material change in the terms of the online automatic renewal offer or continuous service offer that has been accepted by a consumer in this state, a business shall provide the consumer with a clear and conspicuous notice of the material change and shall provide information to the consumer regarding how to cancel such automatic renewal offer or continuous service offer in a manner that is easily retained by the consumer.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.10 - Consumers' receipt of goods, wares, merchandise, or products without consent

When a business that allows a consumer to accept an automatic renewal or continuous service offer online sends any goods, wares, merchandise, or products to a consumer under an automatic renewal of purchase or a continuous service agreement, without first obtaining the consumer's consent pursuant to paragraph (2) of subsection (a) of Code Section
10-1-439.9
, such goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of such goods, wares, merchandise, and products in any manner he or she sees fit without obligation to the business, including, but not limited to, bearing the cost of or responsibility for shipping any goods, wares, merchandise, or products to the business.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.11 - Application

The requirements of this part shall apply only prior to the completion of the initial order for the online automatic renewal or continuous service; provided, however, that an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel, and the notice required pursuant to subsection (b) of Code Section
10-1-439.9
may be fulfilled after the completion of the initial order.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.