Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-293 Rights in works of fine art, §10-1-510
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MOTOR FUELS. Advertising retail motor fuels. Advertising free gifts or services, §10-1-164. Requirements for signs, §10-1-164.
O.C.G.A. § 10-1-294 MORTGAGES
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Foreclosures. Indorsers. Right to proceed, §10-7-44. Suretyship. Right to proceed, §10-7-44. Notes. Transfer of notes secured by, §10-3-1. Powers of attorney. Specification of authority of agents. Personal and family maintenance, §10-6B-52. Retail installment sales and revolving a…
O.C.G.A. § 10-1-3 BULK SALES
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Heating fuels. Delivery tickets, §10-2-10. BUREAU OF INVESTIGATION. Secondary metals recyclers. Database of information reported to bureau, §10-1-359.5. Provision of information to bureau of investigation, §10-1-359.5. BURIAL. Secondary metals recyclers. Burial objects, purchase …
O.C.G.A. § 10-1-30 Notice of rights
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Buyer notified, §10-1-32. Demand for public sale of repossessed vehicle, §10-1-36. Intention to pursue deficiency claim, §10-1-36. Redemption rights, §10-1-36.
O.C.G.A. § 10-1-31 Definitions; construction
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(a) As used in this article, the term: (1) “Cash sale price” means the price stated in a retail installment contract for which the seller would have sold to the buyer and the buyer would have bought from the seller the motor vehicle which is the subject matter of the retail insta…
O.C.G.A. § 10-1-310 Correct
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Weights and measures, §10-2-1. Costs. Geo. L. Smith II Georgia World Congress Center Act, §10-9-3. Covered communication. Telemarketing, §10-1-393. Credit union. Securities, §10-5-2. Cremation. Cemetery and funeral services act, §10-14-3. Crime.
O.C.G.A. § 10-1-32 Cash payments, receipt, §10-1-32
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Cash sales price, §10-1-31. Construction of article, §10-1-31. 1518 INDEX MOTOR VEHICLE FINANCING —Cont’d Court costs. Contract referred for collection, §10-1-32. Credit on anticipation of payment, §10-1-34. Criminal and civil penalties, §10-1-38. Deferred payment, §10-1-35.
O.C.G.A. § 10-1-33 Finance charge limitations; assignment of contract
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(a) Notwithstanding any other law, the finance charge, exclusive of insurance and other benefits and official fees, shall not exceed the following rates: Class 1. Any new motor vehicle designated by the manufacturer by a year model not earlier than the year in which the sale is mad…
O.C.G.A. § 10-1-330 Short title
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Legislative finding. “Liquefied petroleum gas” defined. State fire marshal to enforce article. Assistants and employees of state fire marshal. Rules and regulations setting standards for liquefied petroleum gas equipment. Issuance of licenses or permits; annual fees. Insurance or bond …
O.C.G.A. § 10-1-331 Penalty
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Any person, firm, or corporation violating this article shall be guilty of a misdemeanor. History. Ga. L. 1968, p. 998, § 2. ARTICLE 14 SECONDARY METALS RECYCLERS
O.C.G.A. § 10-1-34 Right to prepay debt; credit upon anticipation of payments
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Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of any retail installment contract and, in so paying the debt, shall receive a refund credit thereon for the anticipation of payments.…
O.C.G.A. § 10-1-35 Refinancing retail installment contract
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The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments or deferred payment or payments or renew or restate the unpaid time balance of such contract, the amount of the installments, and the time …
O.C.G.A. § 10-1-350 Definitions
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As used in this article, the term: (1) “Aluminum property” means aluminum forms designed to shape concrete. (2) “Burial object” means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, be…
O.C.G.A. § 10-1-351 Copper wire
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Verifiable identification of seller, contractor or recycler, §10-1-351. Telemarketing deception, fraud or abuse, §10-5B-5. Required and prohibited telephone conduct and activities, §10-5B-4. CONTRACTS. Agents. Action for wrongful discharge of agent before termination of contract, §…
O.C.G.A. § 10-1-352 Requirements for purchase of burial objects
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No secondary metals recycler shall purchase a burial object unless it is purchased from: (1) A funeral director licensed pursuant to Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of the purchase transaction that is scanned …
O.C.G.A. § 10-1-352.1 Redesignated
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Editor’s notes. Ga. L. 2012, p. 112, § 1/HB 872, effective July 1, 2012, redesignated former Code Section 10-1-352.1 as present Code Section 10-1-355. 10-1-353. Record of transaction; false statements; penalty for making false statement. (a) Except as provided in subsection (c) o…
O.C.G.A. § 10-1-353 Metals
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Secondary metals recyclers, §§10-1-350 to 10-1-359.5. RECYCLING —Cont’d Secondary metals recyclers, §§10-1-350 to 10-1-359.5. REFERRAL SALES. Business opportunity sales. General provisions, §§10-1-410 to 10-1-417. Furnishing names of prospective purchasers. Sales contract require…
O.C.G.A. § 10-1-354 Inspections by law enforcement officers
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During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect: (1) Any and all regulated metal property in the possession of the …
O.C.G.A. § 10-1-355 Catalytic converters
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Contraband, §10-1-359.3. Payment by recyclers, §10-1-355. 1559 INDEX SECONDARY METALS RECYCLERS —Cont’d Catalytic converters —Cont’d Used, detached catalytic converters. Cash payments. Prohibitions, §10-1-355. Contraband, §10-1-359.3. Purchase, possession, transport, sale, etc. E…
O.C.G.A. § 10-1-357 Defined, §10-1-350
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Hold on regulated metal property believed to be stolen, §10-1-356. Payment by recyclers. Forms of payment, §10-1-355. Recovery of stolen property. Actions, §10-1-357. Restitution. Recovery of stolen property, §10-1-357. Rules, regulations, codes, ordinances. Preempted by article,…
O.C.G.A. § 10-1-358 Felonies
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Violations of provisions, §10-1-359.2. Fines. Violations of provisions, §10-1-359.2. Identification or ownership of regulated metal property. Contesting, §10-1-357. Inspections. Law enforcement officers. Powers, §10-1-354. Law enforcement officers. Defined, §10-1-350. Inspections b…
O.C.G.A. § 10-1-358.1 Notice
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Hold on regulated metal property believed to be stolen, §10-1-356. Petitions. Actions contesting identification or ownership of regulated metal property, §10-1-357. Prison terms. Violations of provisions, §10-1-359.2. Prohibited acts, §10-1-359. Penalties, §10-1-359.2. Registratio…
O.C.G.A. § 10-1-359 Prohibited acts
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It shall be unlawful for: (1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 7:00 P.M. and 7:00 A.M.; and (2) Any person to give a false or altered personal identification card, vehicle license tag number, or vehicle …
O.C.G.A. § 10-1-359.1 Humane organizations
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Unauthorized use of emblem or name, §10-1-472. Labeling remanufactured or rebuilt items. Violations of article, §10-1-83. Lease-purchase agreements. Violations of article, §10-1-687. Liquefied petroleum gas. Sale and storage. Violation of article or rules and regulations, §10-1-27…
O.C.G.A. § 10-1-359.2 Penalties for violations
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(a) Except as provided for in subsection (e) of Code Section 10-1-359.1, any person who buys or sells regulated metal property in violation of any provision of this article: (1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a m…
O.C.G.A. § 10-1-359.3 Forfeiture; items declared contraband
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(a) As used in this Code section, the term: (1) “Crime” means: (A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft w…
O.C.G.A. § 10-1-359.4 Authority of localities
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(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 regar…
O.C.G.A. § 10-1-359.5 Suretyship
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Contract of suretyship, §§10-7-1 to 10-7-4. Relative rights of creditor and surety, §§10-7-20 to 10-7-31. Rights of surety against principal, cosureties and third persons, §§10-7-40 to 10-7-57. Telemarketing deception, fraud or abuse, §§10-5B-1 to 10-5B-8. Ticket scalping. Tradem…
O.C.G.A. § 10-1-36 Redemption rights, §10-1-36
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Prepayment of debt, §10-1-34. Public sale of repossessed vehicle, §10-1-36. Purchase or acquisition of agreement by sales finance company, §10-1-33. Receipt for cash payments, §10-1-32. Refinancing, §10-1-35. Refund credit, anticipation of payment, §10-1-34. Repossession after defa…
O.C.G.A. § 10-1-36.1 Construction of article, §10-1-31
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Court costs where contract referred for collection, §10-1-32. Credit upon anticipation of payments, §10-1-34. 1553 INDEX RETAIL INSTALLMENT SALES AND REVOLVING ACCOUNTS —Cont’d Motor vehicle sales financing —Cont’d Criminal and civil penalties, §10-1-38. Deferred payments, §10-1-3…
O.C.G.A. § 10-1-360 Records of purchase transactions; penalties; applicability
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(a) As used in this Code section, the term: (1)(A) “Flea market” means any event: (i) At which two or more persons offer personal property for sale or exchange; and (ii) At which a fee is charged for the privilege of offering or displaying personal property for sale or exchange; …
O.C.G.A. § 10-1-361 Exemptions from article
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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 ind…
O.C.G.A. § 10-1-362 INDORSEMENTS
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Actions by indorsers for payment of debt past due, §10-7-41. Attachment against principal. Right of indorser, §10-7-40. Executions. Indorser’s right to control judgment on debt and executions, §10-7-54. Indorsers. Foreclosure by, §10-7-44. Judgments. Indorser’s right to control j…
O.C.G.A. § 10-1-37 Waiver of this article void
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Any waiver of this article shall be unenforceable and void. History. Ga. L. 1967, p. 674, § 9.
O.C.G.A. § 10-1-370 Short title
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This part shall be known and may be cited as the “Uniform Deceptive Trade Practices Act.” History. Ga. L. 1968, p. 337, § 6; Ga. L. 2017, p. 774, § 10/HB 323.
O.C.G.A. § 10-1-371 Definitions
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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 geograph…
O.C.G.A. § 10-1-372 Deceptive trade practices
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(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 certific…
O.C.G.A. § 10-1-373 Med S
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Health Plans, LLC v. Life of the S. Ins. Co., No. 4:07-CV-134, 2008 U.S. Dist. LEXIS 40223 (M.D. Ga. May 19, 2008). In a deceptive trade case, the trial court erred in granting permanent injunctive relief at the interlocutory hearing as the defendant had no notice that the trial …
O.C.G.A. § 10-1-374 Exemptions from part
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(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…
O.C.G.A. § 10-1-375 Attorney General defined
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Entry of judgment upon final order; collection of judgment; disbursement of funds, consumer preventive education plan. Collection fees. PART 2 Article 14A 10-1-360. T.10, C.1 COMMERCE AND TRADE Short title. Definitions. Deceptive trade practices. Enjoining deceptive trade practices…
O.C.G.A. § 10-1-38 Criminal and civil penalties
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(a) Any person who shall willfully and intentionally violate this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and shall be punished as for a misdemeanor for each subsequent offense. (…
O.C.G.A. § 10-1-380 Attorney General defined
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As used in this article, the term “Attorney General” means the Attorney General or his or her designee. 186 10-1-380 SELLING/OTHER TRADE PRACTICES History. Code 1981, § 10-1-380, enacted by Ga. 10-1-381 L. 1997, p. 1511, § 1; Ga. L. 1998, p. 128, § 10; Ga. L. 2015, p. 1088, § 1/S…
O.C.G.A. § 10-1-381 Defined, §10-1-380
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Filings in court, §10-1-381. Consumer preventive education plan. Attorney general authorized to establish, §10-1-381. Judgments. Collection, §10-1-381. Fees, §10-1-382. Venue of filing, §10-1-381. Administrator. Transition to attorney general responsibilities under provisions, §10…
O.C.G.A. § 10-1-382 Collection fees
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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…
O.C.G.A. § 10-1-39 Additional definitions
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As used in Code Sections 10-1-40 through 10-1-42, the term: (1) “Induce” means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle or to arrange for or ca…
O.C.G.A. § 10-1-390 Short title
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This part shall be known and may be cited as the “Fair Business Practices Act of 1975.” 189 History. Ga. L. 1975, p. 376, § 1; Ga. L. 2015, p. 1088, § 2/SB 148.
O.C.G.A. § 10-1-391 Purpose and construction of part
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(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 stoppe…
O.C.G.A. § 10-1-392 Definitions; when intentional violation occurs
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(a) As used in this part, the term: (1) “Attorney General” means the Attorney General or his or her designee. (2) “Campground membership” means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (3) “Campground members…
O.C.G.A. § 10-1-393 Unfair or deceptive practices in consumer transactions unlawful; examples
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(a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices 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 practi…
O.C.G.A. § 10-1-393.1 Office supply transactions; solicitations for telephone directory listings
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(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 …