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 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-359.4 - Authority of localities

(a)
The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property except as allowed in this Code section.
(b)
Political subdivisions of this state may enact rules, regulations, codes, ordinances, and other laws:
(1)
Affecting the land use and zoning relating to secondary metals recyclers; and
(2)
Issuing occupational tax certificates to secondary metals recyclers, imposing occupational taxes, imposing regulatory fees as allowed in Code Section
48-13-9
, or revoking their occupational tax certificates.
Renumbered from 10-1-358 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
Added by 2007 Ga. Laws 345,§ 3, eff. 7/1/2007.
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 14A - FLEA MARKET VENDORS' RECORD-KEEPING (§§ 10-1-360 — 10-1-362) › Section 10-1-361 - Exemptions from article

This article shall not apply to the following:
(1)
The sale of a motor vehicle or trailer required to be registered or subject to a certificate of title law of this state;
(2)
The sale of food products, agricultural products, or forestry products;
(3)
Business conducted at any industry or association trade show;
(4)
The sale of arts or crafts by the person who produced such arts or crafts.
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 14A - FLEA MARKET VENDORS' RECORD-KEEPING (§§ 10-1-360 — 10-1-362) › Section 10-1-362 - Local ordinances or regulations

Nothing in this article shall prohibit ordinances or resolutions by counties and municipal corporations which provide regulations that are as stringent or more stringent than the requirements of this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT (§§ 10-1-370 — 10-1-375) › Section 10-1-370 - Short title

This part shall be known and may be cited as the "Uniform Deceptive Trade Practices Act."
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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT (§§ 10-1-370 — 10-1-375) › Section 10-1-371 - Definitions

As used in this part, the term:
(1)
"Article" means a product as distinguished from its trademark, label, or distinctive dress in packaging.
(2)
"Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
(3)
"Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others or to indicate membership in the collective group or organization.
(4)
"Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.
(5)
"Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
(6)
"Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.
(7)
"Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.
(8)
"Trade name" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.
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 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT (§§ 10-1-370 — 10-1-375) › Section 10-1-372 - When trade practices are deceptive; common-law and other remedies unaffected

(a)
A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he:
(1)
Passes off goods or services as those of another;
(2)
Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3)
Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another;
(4)
Uses deceptive representations or designations of geographic origin in connection with goods or services;
(5)
Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(6)
Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;
(7)
Represents that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another;
(8)
Disparages the goods, services, or business of another by false or misleading representation of fact;
(9)
Advertises goods or services with intent not to sell them as advertised;
(10)
Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(11)
Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or
(12)
Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
(b)
In order to prevail in an action under this part, a complainant need not prove competition between the parties or actual confusion or misunderstanding.
(c)
This Code section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.
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 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT (§§ 10-1-370 — 10-1-375) › Section 10-1-373 - Enjoining deceptive trade practices; costs and attorney's fees; relief cumulative

(a)
A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
(b)
Costs shall be allowed to the prevailing party unless the court otherwise directs. The court, in its discretion, may award attorney's fees to the prevailing party if:
(1)
The party complaining of a deceptive trade practice has brought an action which he knew to be groundless; or
(2)
The party charged with a deceptive trade practice has willfully engaged in the trade practice knowing it to be deceptive.
(c)
The relief provided in this Code section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.
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 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT (§§ 10-1-370 — 10-1-375) › Section 10-1-374 - Exemptions from part

(a)
This part does not apply to:
(1)
Conduct in compliance with the orders or rules of or a statute administered by a federal, state, or local governmental agency;
(2)
Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(3)
Actions or appeals pending on March 19, 1968.
(b)
Paragraphs (2) and (3) of subsection (a) of Code Section
10-1-372
do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before March 19, 1968, if the use was in good faith and is otherwise lawful except for 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 1 - UNIFORM DECEPTIVE TRADE PRACTICES ACT (§§ 10-1-370 — 10-1-375) › Section 10-1-375 - Uniform construction of part

This part shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
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 1A - ADMINISTRATIVE RESOLUTION (§§ 10-1-380 — 10-1-382) › Section 10-1-380 - Attorney General defined

As used in this article, the term "Attorney General" means the Attorney General or his or her designee.
Amended by 2015 Ga. Laws 187,§ 1, 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 1A - ADMINISTRATIVE RESOLUTION (§§ 10-1-380 — 10-1-382) › Section 10-1-382 - Collection fees

In addition to any amount owed under a judgment rendered under Code Section
10-1-381
or
10-1-397
, a delinquent party shall be responsible by operation of law for a collection fee equal to 40 percent of the amount of the judgment as if such collection fee had been included as part of the judgment. The Attorney General may contract with collection attorneys to collect all or any remaining part of such amounts due under a judgment rendered under Code Section
10-1-381
or
10-1-397
. All funds collected by any such collection attorneys shall be remitted to the Attorney General for disbursement.
Amended by 2015 Ga. Laws 187,§ 1, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-390 - Short title

This part shall be known and may be cited as 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-391 - Purpose and construction of part

(a)
The purpose of this part shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the state. It is the intent of the General Assembly that such practices be swiftly stopped, and this part shall be liberally construed and applied to promote its underlying purposes and policies.
(b)
It is the 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.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.1 - Office supply transactions; solicitations for telephone directory listings

(a)
Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared unlawful.
(b)
By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices by office suppliers in the conduct of office supply transactions are declared unlawful:
(1)
Passing off goods or services as those of another;
(2)
Falsely representing to any person that the office supplier is the usual supplier of goods, services, or property purchased by that person;
(3)
Falsely representing to any person that the goods, services, or property sold, leased, rented, or shipped by the office supplier are the same brand as that person usually uses;
(4)
Misrepresenting in any manner, including the use of a confusingly similar name, the manufacturer, supplier, or seller of the goods, services, or property;
(5)
Representing that the prices an office supplier charges are less than a person usually pays for goods, services, or property, unless the goods, services, or property compared are identical and the representation is true;
(6)
Shipping or supplying an amount or quantity of goods, services, or property to a person which is substantially greater than the amount or quantity which the person actually orders;
(7)
Misrepresenting in any manner, including but not limited to failure to disclose material facts regarding the value of, any gift, prize, or award which will be given by an office supplier in conjunction with any office supply transaction;
(8)
Falsely representing that there is an imminent price increase;
(9)
Substituting any brand or quality of goods, services, or property for that actually ordered without prior approval of such substitution from the person ordering; or
(10)
(A)
Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words:
"THIS IS NOT A BILL. THIS IS A SOLICITATION."
(B)
For the purposes of this paragraph, the term "telephone classified advertising directory" refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.
(c)
An office supplier may not by contract, agreement, or otherwise limit the operation of this part, notwithstanding any other provision of law.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.3 - Prohibited use of purchaser's credit card information by merchant

(a)
As used in this Code section, the term "merchant" means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
(b)
A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.
(c)
A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
(d)
A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
(e)
Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
(f)
This Code section shall not prohibit a merchant from:
(1)
Recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant;
(2)
Requesting a purchaser to display a credit or charge card as a means of identification or as an indication of credit worthiness or financial responsibility;
(3)
Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or
(4)
Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods or for special orders of consumer goods or services.
(g)
This Code section shall not require acceptance of a check or draft because a credit card is presented.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.4 - Pricing practices during state of emergency

(a)
It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section
38-3-3
, has been declared, for so long as such state of emergency exists, to sell or offer for sale at retail any goods or services identified by the Governor in the declaration of the state of emergency necessary to preserve, protect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of transporting the goods or services into the area.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, a retailer may increase the price of goods or services during a state of emergency if the price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer's average markup percentage applied during the ten days immediately prior to the declaration of a state of emergency.
Amended by 2010 Ga. Laws 402,§ 1, eff. 5/20/2010.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.6 - Unlawful telemarketing transactions; criminal penalty

(a)
For purposes of this Code section, the term "telemarketing" shall have the same meaning which it has under Code Section
10-1-393.5
.
(b)
Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to:
(1)
In connection with a telemarketing transaction, request a fee in advance to remove derogatory information from or improve a person's credit history or credit record;
(2)
Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or
(3)
In connection with a telemarketing transaction, procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected.
(c)
In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (5) of subsection (a) of Code Section
16-8-12
. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section.
Amended by 2004 Ga. Laws 564, § 10, eff. 5/13/2004.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.7 - Solicitation during final illness; penalty

(a)
Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to solicit another during such other's final illness or during the final illness of any other person for the purpose of persuading a person who is suffering from his or her final illness or a person acting on behalf of such person to seek refund of moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise.
(b)
In addition to any other penalty imposed for the violation of this Code section, the administrative agency which issues a finding of violation shall order the violator to pay restitution in the amount of the refund to the person, corporation, partnership, or other legal entity which refunded moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.8 - Protection from disclosure of an individual's social security number

(a)
Except as otherwise provided in this Code section, a person, firm, or corporation shall not:
(1)
Publicly post or publicly display in any manner an individual's social security number. As used in this Code section, the term "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public;
(2)
Require an individual to transmit his or her social security number over the internet, unless the connection is secure or the social security number is encrypted; or
(3)
Require an individual to use his or her social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.
(b)
This Code section shall not apply to:
(1)
The collection, release, or use of an individual's social security number as required by state or federal law;
(2)
The inclusion of an individual's social security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile:
(A)
As part of an application or enrollment process;
(B)
To establish, amend, or terminate an account, contract, or policy; or
(C)
To confirm the accuracy of the individual's social security number;
(3)
The use of an individual's social security number for internal verification or administrative purposes; or
(4)
An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's social security number.
(c)
This Code section shall not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or to affirmatively seek evidence of the transmission of social security numbers on its service.
(d)
Notwithstanding the provisions of this Code section, the clerks of superior court of this state and the Georgia Superior Court Clerks' Cooperative Authority shall be held harmless for filing, publicly posting, or publicly displaying any document containing an individual's social security number that the clerk is otherwise required by law to file, publicly post, or publicly display for public inspection.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2006 Ga. Laws 603,§ 1, eff. 7/1/2006.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.9 - Registration of private child support collectors; surety bond or alternative

(a)
Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector.
(b)
An application for registration shall be accompanied by a surety bond filed, held, and approved by the Secretary of State, and the surety bond shall be:
(1)
Issued by a surety authorized to do business in this state;
(2)
In the amount of $50,000.00;
(3)
In favor of the state for the benefit of a person damaged by a violation of this Code section; and
(4)
Conditioned on the private child support collector's compliance with this Code section and Code Section
10-1-393.10
and the faithful performance of the obligations under the private child support collector's agreements with its clients.
(c)
In lieu of a surety bond, the Secretary of State may accept a deposit of money in the amount of $50,000.00. The Secretary of State shall deposit any amounts received under this subsection in an insured depository account designated for that purpose.
Added by 2009 Ga. Laws 344,§ 3, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.15 - Instrument conveying real estate defined; required notice for solicitation for services; penalties

(a)
For purposes of this Code section, the term "instrument conveying real estate" means any documentary material evidencing an interest in real property required under law to be recorded with the superior court in the county in which the land is located, including, but not limited to, a deed to secure debt, a mortgage, a deed under power, and a lien.
(b)
Any person who mails a solicitation for services to obtain a copy of an instrument conveying real estate shall include, in at least 16 point Helvetica font at the top of and at least two inches apart from any other text on such solicitation, the words:
"THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT. THIS IS A SOLICITATION."
No text on the solicitation shall be larger than the above required words.
(c)
Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part.
Added by 2017 Ga. Laws 67,§ 1, eff. 7/1/2017.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.16 - Written solicitations relating to corporate filings, employment or labor posters, or notices; definition; penalty for noncompliance

(a)
For purposes of this Code section, the term "corporate filings" means any documents required by law to be filed with the Secretary of State pursuant to Title 14.
(b)
Any written solicitation relating to corporate filings or employment or labor posters or notices shall include, in at least 16 point Helvetica font:
(1)
At the top of and at least two inches apart from any other text on such solicitation, the words:
"THIS IS A SOLICITATION. THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT AND HAS NOT BEEN SENT BY THE GEORGIA SECRETARY OF STATE'S OFFICE OR THE GEORGIA DEPARTMENT OF LABOR."
No text on the solicitation shall be larger than the above required words.
(2)
On front of the envelope or, if there is no envelope, on the part of the written solicitation that bears the postage stamp or amount, the word:
"SOLICITATION"
(c)
Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part; provided, however, that notwithstanding Code Section
10-1-399
, a claim of a violation of this Code section may be brought in a representative capacity and may be the subject of a class action under Code Section
9-11-23
; and provided, further, that damages for such violation shall be the actual damages or $200.00 per violation, whichever is greater.
Amended by 2022 Ga. Laws 791,§ 1, eff. 7/1/2022.
Added by 2021 Ga. Laws 231,§ 1, 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 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-393.17 - Protections for vocal or instrumental rights; advertisements, performances, or productions

(a)
As used in this part, the term:
(1)
"Performing group" means a vocal or instrumental act consisting of one or more members that intends to advertise or appear under the name of a recording group or a name substantially similar to a recording group.
(2)
"Recording group" means a vocal or instrumental act that consists of one or more members of which:
(A)
At least one has previously released a sound recording commercially under such act's name; and
(B)
At least one has a legal right to such act's name by virtue of use or operation under such act's name without having abandoned such name or affiliation with such act.
(3)
"Service mark" means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the services of such person and to distinguish such services from the services of others.
(4)
"Sound recording" means a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material object, such as a phonograph, disc, tape, wire, digital storage, or other medium in which the sounds are embodied.
(b)
It shall be unlawful for a person to advertise or conduct a vocal or instrumental performance or production in this state by using any false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group without the express authorization of the recording group unless:
(1)
Such person or performing group is the authorized registrant and owner of a service mark for the recording group that is registered in the United States Patent and Trademark Office;
(2)
At least one member of the performing group was a member of the recording group and such member of the recording group has a legal right to use or operate under the name of the recording group;
(3)
The performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to the name used by the recording group that it would tend to confuse or mislead the public; or
(4)
The advertisement does not relate to a live performance or production taking place in, streamed into, or broadcasted in this state.
(c)
Each advertisement, performance, or production in violation of this Code section shall constitute a separate violation.
Added by 2022 Ga. Laws 744,§ 1, eff. 7/1/2022.
Pursuant to Code Section 28-9-5, in 2022, Code Section 10-1-393.16, as enacted by Ga. L. 2022, p. HB 508, § 1/HB 508, was redesignated as Code Section 10-1-393.17.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-394 - Adoption of rules, regulations, and standards prohibiting unfair or deceptive practices; application of Chapter 13 of Title 50

(a)
The Attorney General is authorized to adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this part and prohibit specific acts or practices that are deemed to be a violation of this part. The Attorney General is also authorized to adopt as substantive rules that prohibit specific acts or practices in violation of Code Section
10-1-393
those rules and regulations of the Federal Trade Commission interpreting Section 5(a)(1) of the Federal Trade Commission Act (
15 U.S.C. Section 45(a)(1)
), as from time to time amended.
(b)
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall apply to the promulgation of rules and regulations by the Attorney General pursuant to subsection (a) of this Code section and in taking testimony pursuant to Code Sections
10-1-403
and
10-1-404
.
Amended by 2015 Ga. Laws 187,§ 2, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-396 - Acts exempt from part

Nothing in this part shall apply to:
(1)
Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory agency of this state or the United States;
(2)
Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, radio station or network, or television station or network in the publication or dissemination in print or electronically of:
(A)
News or commentary; or
(B)
An advertisement of or for another person, when the publisher, owner, agent, or employee did not have actual knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service.
Amended by 2013 Ga. Laws 188,§ 2, eff. 5/6/2013.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-397.1 - Initiation or intervention by Attorney General

The Attorney General is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency to implement the provisions of this article.
Amended by 2015 Ga. Laws 187,§ 2, eff. 7/1/2015.
Added by 2001 Ga. Laws 383, § 3, eff. 7/1/2001.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-398.1 - Judicial review

Any person who has exhausted all administrative remedies available and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the procedures, standards, and requirements set forth in Code Section
50-13-19
.
Amended by 2015 Ga. Laws 187,§ 2, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-400 - Limitation on recovery in case of bona fide error

In any action in which damages are demanded under Code Section
10-1-399
, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error and that such error was not the result of negligence in the maintenance of such procedures.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-401 - Limitation of actions; right to set off damages or penalties not limited

(a)
No private right of action shall be brought under this part:
(1)
More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or
(2)
More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later.
(b)
Damages or penalties to which a person is entitled pursuant to this part may be set off against the allegation of the person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Code section.
Amended by 2015 Ga. Laws 187,§ 2, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-402 - Assurances of voluntary compliance

In the administration of this part the Attorney General may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this part from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the clerk of the superior court of the county in which the alleged violator resides or has his or her principal place of business or with the clerk of the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Attorney General for further proceedings in the public interest, pursuant to Code Section
10-1-397
. This Code section shall not bar any claim against any person who has engaged in any act or practice in violation of this part.
Amended by 2015 Ga. Laws 187,§ 2, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-405 - Civil penalties; individual liability

(a)
Any person who violates the terms of an injunction issued under Code Section
10-1-397
shall forfeit and pay to the state a civil penalty of not more than $25,000.00 per violation. For purposes of this Code section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the Attorney General, acting in the name of the state, may petition for recovery of civil penalties.
(b)
In the case of a continuing violation under this part, each day shall be regarded as a separate violation.
(c)
Any intentional violation by a corporation, partnership, or association shall be deemed to be also that of the individual directors, officers, partners, employees, or agents of the corporation, partnership, or association who knew or should have known of the acts constituting the violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part the violation; provided, however, that no such individual directors, officers, partners, employees, or agents shall have any individual liability under this subsection unless the corporation, partnership, or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgment sufficient moneys or assets to satisfy the judgment.
(d)
The Attorney General shall have the authority to compromise or settle claims for penalty brought under this Code section.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2015 Ga. Laws 187,§ 2, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-406 - Duty of prosecuting attorneys

Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the Attorney General shall have the authority to prosecute the case or forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecuting attorney deems appropriate.
Amended by 2015 Ga. Laws 187,§ 2, 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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-407 - Part not exclusive

This part is cumulative with other laws and is not exclusive. The rights or remedies provided for in this part shall be in addition to any other procedures, rights, remedies, or duties provided for in any other law or in decisions of the courts of this state dealing with the subject matter.
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 2 - FAIR BUSINESS PRACTICES ACT (§§ 10-1-390 — 10-1-408) › Section 10-1-408 - Continuing validity of previously adopted rules, orders, actions, and regulations

Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General.
Added by 2015 Ga. Laws 187,§ 2, 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 10-1-412 - When bond or trust account required; escrow account required

(a)
Any business opportunity seller or company which represents, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, that the seller or company will refund all or part of the price paid for the business opportunity or will repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company if the purchaser is dissatisfied with the business opportunity and any multilevel distribution company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state. For purposes of this subsection, deposits shall not be considered part of the price paid for the business opportunity. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state for the benefit of any person who is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom. Such person may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account. A multilevel distribution company which requires an initial payment of less than $500.00 from each participant shall be exempt from the requirements of this Code section.
(b)
In any sale of a business opportunity, the seller shall collect no more than 15 percent of the total purchase price, with the balance to be placed in an independent escrow account agreed upon by both parties. The balance in the escrow account shall be paid to the seller 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.