Remedies and penalties for violations; procedural issues

(a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule or regulation implementing this chapter, the Commissioner may seek an injunction in a court of competent jurisdiction in the county where the person resides or has a principal place of business and may apply for temporary and permanent orders as the Commissioner determines necessary to restrain the person from further committing the violation. 1035 33-59-16 (b) Any person damaged by the acts of any other person in violation of this chapter or any rule or regulation implementing this chapter may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction. (c) The Commissioner may issue a cease and desist order upon a person who violates any provision of this chapter, any rule, regulation, or order adopted by the Commissioner, or any written agreement entered into with the Commissioner, in accordance with Chapter 2 of this title. (d) When the Commissioner finds that such an action presents an immediate danger to the public and requires an immediate final order, he or she may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order shall become effective immediately upon service of a copy of the order on the respondent and shall remain effective for 90 days. If the department begins nonemergency cease and desist proceedings under subsection (a) of this Code section, the emergency cease and desist order shall remain effective, absent an order by an appellate court of competent jurisdiction pursuant to Chapter 13 of Title 50. In the event of a willful violation of this chapter, the trial court may award statutory damages in addition to actual damages in an additional amount up to three times the actual damage award. The provisions of this chapter may not be waived by agreement. No choice of law provision may be utilized to prevent the application of this chapter to any settlement in which a party to the settlement is a resident of this state. History. — Code 1981, § 33-59-13, enacted by Ga. L. 2005, p. 998, § 1/SB 217; Code 1981, § 33-59-15, as redesignated by Ga. L. 2009, p. 370, § 1/SB 61. Editor’s notes. — Former Code Sec- tion 33-59-15 (Code 1981, § 33-59-15, enacted by Ga. L. 2005, p. 998, § 1/SB 217), relating to the authority of the commissioner, was repealed by Ga. L. 2009, p. 370, § 1/SB 61, effective July 1, 2009. 33-59-16. Fraudulent life settlement acts prohibited; criminal and civil penalties; revocation of license. (a) It is a violation of this chapter for any person, provider, life settlement broker, or any other party related to the business of life settlements to commit a fraudulent life settlement act. (b) For criminal liability purposes, a person that commits a fraudulent life settlement act shall be guilty of committing insurance fraud and shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both. (c) The Commissioner shall be empowered to levy a civil penalty: 1036 33-59-18 (1) Not exceeding $1,000.00 for each and every act in violation of this chapter or, if the person knew or reasonably should have known the acts that he or she committed were in violation of this chapter, the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation; and (2) The amount of the claim for each violation upon any person, including those persons and their employees licensed pursuant to this chapter, who is found to have committed a fraudulent life settlement act or violated any other provision of this chapter. (d) The license of a person licensed under this chapter that commits a fraudulent life settlement act shall be revoked for a period of at least one year. History. — Code 1981, § 33-59-16, enacted by Ga. L. 2009, p. 370, § 1/SB 61. Editor’s notes. — Former Code Section 33-59-16 (Code 1981, § 33-59-16, enacted by Ga. L. 2005, p. 998, § 1/SB 217; Ga. L. 2008, p. 381, § 10/SB 358), relating to compliance with security laws, was repealed by Ga. L. 2009, p. 370, § 1/SB 61, effective July 1, 2009. 33-59-17. Unfair trade practice.