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Georgia Statutes, Title 10

Georgia/Statutes

← All Georgia coverage

Title 10

20 chapters · 1,055 sections in this title.

All chapters in Title 101,055 Ch 1, SELLING AND OTHER TRADE PRACTICES506 Ch 4, WAREHOUSEMEN118 Ch 5, GEORGIA UNIFORM SECURITIES61 Ch 6, AGENCY57 Ch 9, GEO. L. SMITH II GEORGIA WORLD CONGR…50 Ch 6B, GEORGIA POWER OF ATTORNEY44 Ch 2, WEIGHTS AND MEASURES37 Ch 7, SURETYSHIP34 Ch 14, CEMETERY AND FUNERAL SERVICES32 Ch 5A, COMMODITIES AND COMMODITY CONTRACTS …21 Ch 12, ELECTRONIC TRANSACTIONS20 Ch 10, SEED-CAPITAL FUND18 Ch 6A, BROKERAGE RELATIONSHIPS IN REAL ESTA…16 Ch 13A, MASTER SETTLEMENT AGREEMENT ENHANCEMENTS10

1,055 sections·Filtered byTitle 10✕

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 Veriﬁable documentation required; unlawful activities pertaining to used, detached catalytic converters
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(a) No secondary metals recycler shall purchase any coil unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 or by another state that provides a copy of such valid license at the time of the purchase transaction that is scanned or photocopied…
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. § 10-1-353 Record of transaction; false statements; penalty for making false statement

Showing 151–200 of 1,055

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(a) Except as provided in subsection (c) of this Code section, a secondary metals recycler shall maintain a legible record of all purchase transactions. Such record shall include the following information: (1) The name and address of the secondary metals recycler; (2) The date of…

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 Conditions and limitations on payments for regulated metal property; exception for transaction between business entities

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(a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash, or voucher for regulated metal property and shall make any such payment as speciﬁcally provided for in this Code section. (b) Any check, electronic funds transfer, or voucher shall be payabl…

O.C.G.A. § 10-1-356 Hold on regulated metal property believed to be stolen; notice; release of hold

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(a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice…

O.C.G.A. § 10-1-357 Contesting identiﬁcation or ownership of regulated metal property; action to recover property

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(a) If the secondary metals recycler contests the identiﬁcation or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that …

O.C.G.A. § 10-1-358 Purchases of regulated metal property exempted from application of article

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This article shall not apply to purchases of regulated metal property, other than used, detached catalytic converters, from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or…

O.C.G.A. § 10-1-358.1 Exclusions from article’s applicability

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The provisions of this article shall not apply to a vehicle purchased in compliance with Code Section 40-3-36 by a used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant to Chapter 47 of Title 43. History. Code 1981, § 10-1-358.1, enacted by Ga. L. 2015, p…

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 Registration of secondary metals recycler; electronic data base; authority of sheriff; penalty for violation

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(a) It shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without being registered pursuant to this Code section. If the secondary metals recycler is a person other than an individual, such person shall register with the sheriff…

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 Required information from secondary metals recyclers; role of Georgia Bureau of Investigation

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(a)(1) Each secondary metals recycler shall provide to the Georgia Bureau of Investigation or its designee for each purchase transaction which takes place on or after July 1, 2015, all of the information required by subsection (a) of Code Section 10-1-353, except for the amount o…

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 Local ordinances or regulations

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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. History. Code 1981, § 10-1-362, enacted by Ga. L. 1994, p. 1915, § 1. A…

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. § 10-1-380 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. History. Code 1981, § 10-1-380, enacted by Ga. L. 1997, p. 1511, § 1; Ga. L. 1998, p. 128, § 10; Ga. L. 2015, p. 1088, § 1/SB 148.

O.C.G.A. § 10-1-381 Entry of judgment upon ﬁnal order; collection of judgment; disbursement of funds, consumer preventive education plan

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(a) The Attorney General may ﬁle in the superior court of the county in which a person under order resides, or in the county in which the violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a ce…

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. § 10-1-390 Short title

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This part shall be known and may be cited as the “Fair Business Practices Act of 1975.” 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 …

O.C.G.A. § 10-1-393.10 Filing contracts for child support collection; requirements for contracts; role of collector; cancellation of contract; forwarding of payments

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(a) Any contract for the collection of child support between a private child support collector and an obligee shall be ﬁled by the private child support collector with the office of the Attorney General. (b) Any contract for the collection of child support between a private child…

O.C.G.A. § 10-1-393.11 Display of disclosure statement concerning kosher foods; required information; exception

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(a) A person who makes a representation regarding kosher food shall prominently and conspicuously display on the premises on which the food is sold, in a location readily visible to the consumer, a completed kosher food disclosure statement which shall be updated within 14 days o…

O.C.G.A. § 10-1-393.12 Right to cancel contract with residential rooﬁng contractor; notice of cancellation; prohibitions

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(a) As used in this Code section, the term: (1) “Residential real estate” means a new or existing building constructed for habitation by one to four families, including detached garages. (2) “Residential rooﬁng contractor” means a person or entity in the business of contracting o…

O.C.G.A. § 10-1-393.13 Requirements of telephone solicitations; class actions for violation

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(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

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(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 Required notice for solicitation of services to obtain copies of real estate records; penalties

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(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 limit…

O.C.G.A. § 10-1-393.16 Written solicitations relating to corporate ﬁlings, employment or labor posters, or notices; deﬁnition; penalty for noncompliance

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(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, i…

O.C.G.A. § 10-1-393.17 Protections for vocal or instrumental rights; unlawful advertisements, performances, or productions

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(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…

O.C.G.A. § 10-1-393.18 Required disclosures for commercial ﬁnancing transactions; exceptions; limitations on brokers; enforcement; civil penalties

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(a) As used in this Code section, the term: (1) “Accounts receivable purchase transaction” means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business’s accounts, as deﬁned in Code Section 11-9-102, or payment intangibles, as d…

O.C.G.A. § 10-1-393.19 Requirements of unsolicited inquiries relating to the sale of real estate; penalties

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(a) Any unsolicited written inquiry or mailing by any person or entity that is not licensed or regulated pursuant to the provisions of Chapter 40 or Chapter 41 of Title 43 or Chapter 19 of Title 15 that expresses an interest in buying real property, or an option to buy real prope…

O.C.G.A. § 10-1-393.2 Requirements for health spas

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(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 whi…

O.C.G.A. § 10-1-393.3 Prohibited use of purchaser’s credit card information by merchant

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(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

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(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 Prohibitions related to telemarketing, computer activities, and home repair or improvement work; removal of arrest booking photographs published online; penalties and enforcement

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(a) For purposes of this Code section, the term “telemarketing” shall have the same meaning which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term “telemarketing” shall also include those call…

O.C.G.A. § 10-1-393.6 Unlawful telemarketing transactions; criminal penalty

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(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

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(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 Protection from disclosure of an individual’s social security number

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(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 intent…

O.C.G.A. § 10-1-393.9 Registration of private child support collectors; surety bond or alternative

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(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 e…