Title 10

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. …

(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…

Any person who has exhausted all administrative remedies available 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 forth in Code Section 50-13-19. History. Code 1981, § 1…

(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…

In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that the violation resulted from a bona fide error notw…

(a) No private right of action shall be brought under this part: (1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the …

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…

(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…

(a) To carry out the duties prescribed by Code Sections 10-1-394, 10-1-395, 10-1-397, 10-1-398, and 10-1-403, the Attorney General, in addition to other powers conferred upon him or her by this part, may issue subpoenas to any person, administer an oath or affirmation to any pers…

(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…

Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the Attorney General shall have the authority to prosecute the case or forward the results of such investigation to a prosecuting attorney …

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…

As used in this part, the term: (1) “Agreement” means any agreement relating to a business 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, any product…

(a) No multilevel distribution company or participant in its marketing program shall: (1) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued…

(a) Any business opportunity seller or company which represents, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, that the seller or company will refund all or part of the price paid for the business opportunity or will repu…

(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…

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…

(a) Every business opportunity or multilevel distribution contract shall be in writing, and a copy shall be given to the purchaser or participant at the time he or she signs the contract. (b) Every contract or any material incorporated therein by reference shall include the follo…

(a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall irrevocably appoint the Secretary of State of this state as its agent for service …

(a) If a business opportunity seller or multilevel distribution company uses any untrue or misleading statements; or fails to comply with Code Section 10-1-411; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation within 45 days of the…

(a) No person, firm, or corporation shall offer for sale merchandise, commodities, or services by making, publishing, disseminating, circulating, or placing before the public within this state in a newspaper or other publication, or in the form of a book, notice, handbill, poster,…

(a) No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or to do anything of any nature whatsoever to induce the public to enter into any…

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…

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…

(a) As used in this Code section, the term: (1) “Duly licensed attorney at law” means a person authorized to provide legal services in this state. (2) “Legal services” means acts recited in Code Section 15-19-50 and in subsection (a) of Code Section 15-19-51. (3) “Media” means an…

It shall be unlawful for any person, firm, association, or corporation to misrepresent the true ownership of a business for the purpose of carrying on a liquidation sale, auction sale, or other sale which represents that the firm is going out of business; and any person, firm, assoc…

Any person, firm, association, or corporation violating any of the provisions of Code Section 10-1-424, 10-1-424.1, or 10-1-425 shall be guilty of a misdemeanor. Nothing in Code Section 10-1-424, 10-1-424.1, or 10-1-425 or this Code section shall apply to any visual or sound broad…

(a) As used in this Code section, the term: (1) “Duly licensed attorney at law” means a person authorized to provide legal services in this state. (2) “Legal services” means acts recited in Code Section 15-19-50 and in subsection (a) of Code Section 15-19-51. (3) “Media” means an…

As used in this part, the term: (1) “Art dealer” means a person who is in the business of dealing exclusively or nonexclusively in fine art multiples, a person who by his occupation holds himself out as having knowledge or skill peculiar to fine art multiples or persons to whom tha…

(a) An art dealer shall not sell or consign a multiple in, into, or out of this state unless a written instrument is furnished to the purchaser or consignee prior to the sale or consignment which sets forth as to each multiple the descriptive information required by Code Section …

(a) Except as provided in subsections (c), (d), and (e) of this Code section, the following information shall be provided as required by Code Section 10-1-431: (1) The name of the artist; (2) If the artist’s name appears on the multiple, a statement whether the multiple was signe…

(a)(1) Except as provided in paragraph (2) of this subsection, whenever an art dealer furnishes information as required by Code Section 10-1-432, such information shall be a part of the basis of the bargain and shall create express warranties as to the information provided. Such …

(a) The rights, liabilities, and remedies created by this part shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights, liabilities, and remedies provided by law. (b) Whenever an artist sells or consigns a multiple of his own cr…

(a) An art dealer, including a dealer consignee, who offers or sells a multiple in, into, or from this state without providing the information required in Code Sections 10-1-431 and 10-1-432 or who provides information which is mistaken, erroneous, or untrue, except for harmless …

(a) Whenever the Attorney General or any district attorney has reason to believe that any person is violating any provision of this part, he may bring an action against such person to restrain or enjoin continued violations. With the exception of consent judgments entered before …

(a) This part shall not apply to any fine art multiple when offered for sale or sold at wholesale or retail for $100.00 or less, exclusive of any frame. (b) Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requir…

(a) As used in this part, the term: (1) “Attorney General” means the Attorney General or his or her designee. (2) “Disaster related violation” means any violation of Part 1, 2, or 4 of this article, which violation involves: (A) The sale or offer for sale of supplies for use in t…

This part shall be known and may be cited as the “Georgia Firearms Industry Nondiscrimination Act.” History. Code 1981, § 10-1-439, enacted by Ga. L. 2017, p. 555, § 2/HB 292; Ga. L. 2024, p. 139, § 1/HB 1018, effective July 1, 2024.

As used in this part, the term: (1) “Disclose a financial record” means transfer, publish, or distribute protected financial information to another person for any purpose other than to: (A) Process or facilitate a payment card transaction; or (B) Take any actions related to dispute…

When a business that allows a consumer to accept an automatic renewal or continuous service offer online sends any goods, wares, merchandise, or products to a consumer under an automatic renewal of purchase or a continuous service agreement, without first obtaining the consumer’s …

The requirements of this part shall apply only prior to the completion of the initial order for the online automatic renewal or continuous service; provided, however, that an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancell…

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 …

(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 …

This part shall be known and may be cited as the “Georgia Online Third-Party Delivery Service Transparency Act.” History. Code 1981, § 10-1-439.15, enacted by Ga. L. 2023, p. 592, § 2/HB 528, effective January 1, 2024.

The purpose of this part shall be to stop the practice of third-party delivery services taking orders for or arranging for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment and from using such establishment’s name, likeness, registered…

As used in this part, the term: (1) “Customer” means the person, business, or other entity placing or receiving an order, for remuneration, for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment through a third-party delivery service. (…