Exemptions

The following are exempt from the requirements of this part: (1) Any service provided by a business or its affiliate when either the business or its affiliate is doing business as a franchise issued by a political subdivision of this state; (2) Any service provided by a business or its affiliate when either the business or its affiliate is regulated by the Georgia Public Service Commission, the Georgia Department of Agriculture, the Federal Communications Commission, or the Federal Energy Regulatory Commission; (3) Any entity regulated by the Office of Insurance and Safety Fire Commissioner; (4) Any financial institution as defined in Code Section 7-1-4 or any subsidiary or affiliate of such institution, or any bank holding company as defined in Code Section 7-1-605; and (5) Any foreign bank maintaining a branch or agency licensed under federal law or under the laws of any state of the United States. History. Code 1981, § 10-1-439.12, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024. 10-1-439.13. Role of Attorney General in enforcement; no private right of action; severability. (a) The Attorney General shall be authorized to bring an action under this part to obtain a temporary or permanent injunction prohibiting the use of any method, act, or practice in violation of this part and to obtain restitution for consumers who are residents of this state and who incurred a loss of money or property as the direct result of a violation of this part. (b) If a business that allows a consumer to accept an automatic renewal or continuous service offer online complies with the provisions of this part in good faith, it shall not be subject to civil penalty or damages. (c) There shall be no private right of action for a violation of this part, nor shall a violation of this part serve as the basis for a private right of action under any other provision of law. 353 10-1-439.13 COMMERCE AND TRADE 10-1-439.17 (d) If any provision of this part or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application. To this end, the provisions of this part are severable. History. Code 1981, § 10-1-439.13, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024.