Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-393.10 Deceptive trade practices
0.2K chars
Elderly or disabled persons, §§10-1-850 to 10-1-857. Fair business practices act of 1975. Deceptive practices in consumer transactions generally, §10-1-393. General provisions, §§10-1-390 to 10-1-408. Uniform deceptive trade practices act.
O.C.G.A. § 10-1-393.11 Defined, §10-1-392
0.9K chars
Displayed on business premises making representations regarding kosher food, §10-1-393.11. Exceptions, §10-1-393.11. Failure to comply unlawful, §10-1-393.11. Form, promulgation, §10-1-393.11. Information required, §10-1-393.11. Presealed kosher food package, §10-1-392. Represent…
O.C.G.A. § 10-1-393.12 PROPERTY TAXES
0.3K chars
Exemptions. Geo. L. Smith II Georgia World Congress Center, §10-9-10. Geo. L. Smith II Georgia World Congress Center. Exemption from taxation, §10-9-10. PROPRIETARY RIGHTS. Notes or contracts for purchase or sale. Consideration to be stated, §10-3-3. Penalty for violations, §10-3…
O.C.G.A. § 10-1-393.13 Requirements of telephone solicitations; class actions for violation
3.0K chars
(a) As used in this Code section, the term: (1) “ADAD equipment” means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messag…
O.C.G.A. § 10-1-393.14 Requirements relating to consumer reports furnished for employment purposes
3.0K chars
(a) As used in this Code section, the term: (1) “Adverse effect” means: (A) A denial of employment; (B) Any other decision for employment purposes that negatively affects any current or prospective employee; or (C) A denial or cancellation of, an increase in any charge for, or an…
O.C.G.A. § 10-1-393.15 Real property
0.5K chars
Unsolicited inquiries expressing interest in buying real property or an option to buy. Notice requirements, §10-1-393.19. Telephone sales. Telemarketing deception, fraud or abuse, §§10-5B-1 to 10-5B-8. Unfair or deceptive trade practices. Solicitation for services to obtain copy …
O.C.G.A. § 10-1-393.16 Stock and stockholders
0.3K chars
Securities. Uniform securities act of 2008, §§10-5-1 to 10-5-90. Sureties. Bad faith refusal of corporate surety to perform contract, §10-7-30. Telemarketing violations. Criminal penalties, §10-1-393.6. Trademarks and service marks. General provisions, §§10-1-440 to 10-1-454. Tra…
O.C.G.A. § 10-1-393.17 CREDIT CARDS
0.5K chars
Address on application in response solicitation not substantially same as address on solicitation. Unsolicited offer by mail to apply for card. Issuance of card without verifying address. Unfair or deceptive business practice, §10-1-393. Checks. Acceptance of check because credit…
O.C.G.A. § 10-1-393.18 Business day
0.4K chars
Buying services act of 1975, §10-1-591. Door-to-door sales act, §10-1-21. Business licenses. Secondary metals recyclers, §10-1-350. Business opportunity, §10-1-410. Business opportunity seller or company, §10-1-410. Business purpose transactions. Unfair or deceptive trade practic…
O.C.G.A. § 10-1-393.19 Tie-in sales
0.4K chars
Books, magazines, periodicals or newspapers, §10-1-331. Timber-marking paint sale and labeling. Violations of requirements, §10-1-126. Tobacco. Carry-over storage and sale, §10-4-155. Leaf tobacco sales and storage, §10-4-123. MISDEMEANORS —Cont’d Tobacco master settlement agreem…
O.C.G.A. § 10-1-393.2 Requirements for health spas
21.2K chars
(a) Health spas shall comply with the provisions of this Code section. (b) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution and 234…
O.C.G.A. § 10-1-393.3 Prohibited use of purchaser’s credit card information by merchant
2.2K chars
(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 pe…
O.C.G.A. § 10-1-393.4 Pricing practices during state of emergency
8.0K chars
(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…
O.C.G.A. § 10-1-393.5 Music download websites
0.8K chars
True origin of digital goods act, §§10-1-930 to 10-1-935. Names. Benevolent organizations, charities, fraternal organizations, etc., §§10-1-470 to 10-1-472. Trade names. Registration generally, §§10-1-490 to 10-1-493. Publishing of arrest booking photographs on public website, §1…
O.C.G.A. § 10-1-393.6 Unlawful telemarketing transactions; criminal penalty
2.0K chars
(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 sectio…
O.C.G.A. § 10-1-393.7 Solicitation during final illness; penalty
1.0K chars
(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…
O.C.G.A. § 10-1-393.8 Internet
0.4K chars
Requiring individual to transmit over. Prohibition, §10-1-393.8. Internet website. Requiring individual to use number to access. Prohibition, §10-1-393.8. Protection from disclosure, §10-1-393.8. Publicly posting or publicly displaying. Prohibition, §10-1-393.8. Superior court cl…
O.C.G.A. § 10-1-394 Warehouses
0.2K chars
State licensed and bonded warehouses, §10-4-5. Administrative review of objections, §10-4-6. Interstate regulations not affected, §10-4-8. Procedure for adopting or changing, §10-4-6. Uniform application, §10-4-7.
O.C.G.A. § 10-1-395 Chairman, §10-1-395
1.1K chars
Created, §10-1-395. Duties, §10-1-395. Expenses, §10-1-395. Meetings, §10-1-395. Number of members, §10-1-395. Terms of members, §10-1-395. Vacancies, §10-1-395. Consumer reports for employment purposes. Fair Credit Reporting Act. Compliance with federal act as compliance with Ge…
O.C.G.A. § 10-1-396 Acts exempt from part
0.9K chars
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 news…
O.C.G.A. § 10-1-397 Warehouses
0.9K chars
State licensed and bonded warehouses. Receivership upon suspension or revocation of license, §10-4-30. RECIPROCITY. Liquefied petroleum gas. Sale and storage. Reciprocal agreements with other states, §10-1-271. RECORDATION. Trademarks and service marks. Assignment of registration,…
O.C.G.A. § 10-1-397.1 Initiation or intervention by Attorney General
0.3K chars
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. History. Code 1981, § 10-1-397.1, enacted by Ga. L. 2001, p. 1245, § 3; Ga. L. 2015, p. …
O.C.G.A. § 10-1-398 Stay of cease and desist order; hearing
5.6K chars
(a) Any person receiving a cease and desist order from the Attorney General, and who demonstrates in any superior court of competent jurisdiction, after petition to the court and notice to the Attorney General, that such order will unlawfully cause him or her irreparable harm, sh…
O.C.G.A. § 10-1-398.1 Judicial review
0.5K chars
Any person who has exhausted all administrative remedies available 282 10-1-398.1 SELLING/OTHER TRADE PRACTICES 10-1-399 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 f…
O.C.G.A. § 10-1-399 Civil actions for violations; remedies
5.9K chars
(a) Any person who suffers injury or damages as a result of a violation of Chapter 5B of this title, as a result of consumer acts or practices in violation of this part, as a result of office supply transactions in violation of this part or whose business or property has been inj…
O.C.G.A. § 10-1-4 COERCION AND DURESS
0.2K chars
Gasoline marketing practices. Acts of distributor violating article, §10-1-233. Motor vehicle dealer’s day in court act. Practices violative of existing law, §10-1-631. Motor vehicle fair practices act.
O.C.G.A. § 10-1-40 Secondary metals recyclers
0.1K chars
Registration provision violations, §10-1-359.1. Humane organizations.
O.C.G.A. § 10-1-400 Buying clubs or services
1.0K chars
Applicability of act, §10-1-602. Campground membership facilities. Deceptive practices in consumer transactions, §10-1-393. Defined, §10-1-392. Career consulting firms. Deceptive practices in consumer transactions, §10-1-393. Defined, §10-1-392. Cease and desist orders, §10-1-397. A…
O.C.G.A. § 10-1-401 STOCK AND STOCKHOLDERS
0.4K chars
Agents. Effect of death or disability on pledge of stock with power of attorney, §10-6-34. Pledge of stock with power of attorney. Effect of death or disability, §10-6-34. Powers of attorney. Definition of stocks and bonds, §10-6B-2. Effect of death or disability on pledge of stoc…
O.C.G.A. § 10-1-402 Assurances of voluntary compliance
1.0K chars
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…
O.C.G.A. § 10-1-403 Investigations; demands for evidence
3.7K chars
(a) When it reasonably appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when he believes it to be in the public interest that an investigation should be made to ascer…
O.C.G.A. § 10-1-404 Telemarketing
1.0K chars
Identification of caller, §10-1-393.13. Prohibited activities, §§10-1-393, 10-1-393.5. Criminal penalties, §10-1-393.6. Telephone calls imposing per-call charge or cost. Deceptive practices in consumer transactions, §10-1-393. Suspension of charges, §10-1-397. Telephone directory …
O.C.G.A. § 10-1-405 Civil penalties; individual liability
1.8K chars
(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 jurisdi…
O.C.G.A. § 10-1-406 Dwellings of debtors
1.1K chars
Purchase when loan in default. Deceptive practices in consumer transactions, §10-1-393. Emergencies. Pricing practices during state of emergency, §10-1-393.4. Prohibited pricing practices during state of emergency, §10-1-393.4. Evidence. Demand for evidence in investigation, §10-…
O.C.G.A. § 10-1-407 Part not exclusive
1.1K chars
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 subj…
O.C.G.A. § 10-1-408 Membership
1.8K chars
Defined, §10-1-392. Notice to the buyer, §10-1-393. 1425 INDEX CAMPGROUNDS. Campground membership facilities. Contract requirements, §10-1-393. Defined, §10-1-392. CAMPING. Recreational vehicle dealers, §§10-1-679 to 10-1-679.15. CANCELLATION. Beauty pageants, §10-1-834. Buying ser…
O.C.G.A. § 10-1-41 Definitions, §10-1-39
0.6K chars
Remedies, §10-1-41. Unlawful inducement of buyer or lessee under contract, §10-1-40. Unlawful offering of vehicle for hire by sublessee, §10-1-40. Time sale price, §10-1-31. Unpaid time balance renewal or restatement, §10-1-35. Violation to be asserted in individual action only, …
O.C.G.A. § 10-1-410 Definitions
8.1K chars
As used in this part, the term: (1) “Agreement” means any agreement relating to a business 303 10-1-410 opportunity or multilevel distribution company, including, but not limited to, the contract. (2)(A) “Business opportunity” means the sale or lease of, or offer to sell or lease…
O.C.G.A. § 10-1-411 Sellers, §10-1-414
0.3K chars
Secretary of state. Appointment as agent for process, §10-1-416. BUSINESS OPPORTUNITY SALES —Cont’d Sellers. Prohibited activities, §10-1-414. Service of process, §10-1-416. Sole proprietorships. Liability of owner for violation of part, §10-1-417. Unfair or deceptive act or prac…
O.C.G.A. § 10-1-412 Cemeteries
0.6K chars
Preneed dealers, §§10-14-4, 10-14-7, 10-14-7.1, 10-14-12. Powers of attorney. Specification of authority of agents. Trusts, estates or other beneficial interests, §10-6B-50. Preneed dealers, §§10-14-4, 10-14-7, 10-14-7.1, 10-14-12. Securities. Escrow deposit of security as conditio…
O.C.G.A. § 10-1-413 Required disclosures; updating; form of notice
6.2K chars
(a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this state shall have readily available to any potential participants, prior to obtaining any participants in t…
O.C.G.A. § 10-1-414 Prohibited acts by sellers
1.2K chars
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 Gener…
O.C.G.A. § 10-1-415 Voiding for violations, §10-1-417
0.3K chars
Campground membership or marine membership facilities. Requirements, §10-1-393. Career consulting firms, §10-1-393. Child support collectors. Private collectors. Contracts for collection, §10-1-393.10. Commodities generally, §§10-5A-1 to 10-5A-31. Copyrights.
O.C.G.A. § 10-1-416 Home solicitations
0.4K chars
Telemarketing deception, fraud or abuse. Rules promulgation, §10-5B-3. Securities. Uniform securities act of 2008, §§10-5-1 to 10-5-90. Service of process. Business opportunity sales. Appointment as agent for process, §10-1-416. Telemarketing deception, fraud or abuse. Rules prom…
O.C.G.A. § 10-1-417 Law reviews
2.9K chars
For note, “The Georgia Sale of Business Opportunities Act,” see 1 Ga. St. U.L. Rev. 219 (1985). 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 o…
O.C.G.A. § 10-1-42 Multilevel distribution companies
0.5K chars
Business opportunity sales generally, §§10-1-410 to 10-1-417. Newspapers. Tie-in sales, §§10-1-330, 10-1-331. Octane rated fuels. Below cost sales, §§10-1-250 to 10-1-256. Gasoline marketing practices, §§10-1-230 to 10-1-241. Patents. Notes or contracts for sale. Consideration to…
O.C.G.A. § 10-1-421 RADIO
0.3K chars
Advertising. False or fraudulent statements in advertising. Broadcasters excepted when acting in good faith, §10-1-421. Legal services. False solicitation in media of legal services, §10-1-424.1. Criminal enforcement, §10-1-426. Good faith publication or printing, §10-1-426. Lega…
O.C.G.A. § 10-1-422 Editor’s notes
0.1K chars
— Ga. L. 2009, p. 859, § 1/HB 589, effective July 1, 2009, redesignated former Code Section 43-34-22 as present Code Section 43-34-3.
O.C.G.A. § 10-1-423 Enjoining prohibited advertising
0.4K chars
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 ag…
O.C.G.A. § 10-1-424 Misrepresenting nature of business
0.7K chars
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 represen…