Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-520 Short title
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This article shall be known and may be cited as the “Georgia Consignment of Art Act.” History. Code 1981, § 10-1-520, enacted by Ga. L. 1995, p. 267, § 1. 10-1-521. Definitions.
O.C.G.A. § 10-1-521 Definitions
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As used in this article, the term: (1) “Art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a nonprofit organization. (2) “Artist” means the person wh…
O.C.G.A. § 10-1-522 Liability for violations, §10-1-529
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Use or display of work of art or photograph thereof, §10-1-527. Violation of written contract requirement by. Artist’s obligation rendered voidable, §10-1-523. Attorneys’ fees. Liability for violations by art dealers, §10-1-529. Citation of act. Short title, §10-1-520. Contracts.…
O.C.G.A. § 10-1-523 Co-operatives
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Defined, §10-1-521. Damages. Liability for violations by art dealers, §10-1-529. Definitions, §10-1-521. Effects, §10-1-524. Liens. Art received as consignment not subject to, §10-1-525. Security interests. Art received as consignment not subject or subordinate to, §10-1-525. Title…
O.C.G.A. § 10-1-524 Effects of consignment
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A consignment of a work of art shall result in all of the following: (1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state; (2) The work of art shall cons…
O.C.G.A. § 10-1-525 Title of act
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Short title, §10-1-520. Trust property. Art received as consignment to remain trust property, §10-1-525. Consigned work of art to constitute, §10-1-524. ART —Cont’d Consignment of art —Cont’d Trust property —Cont’d Not subject or subordinate to claims, liens, or security interest…
O.C.G.A. § 10-1-526 Contractual waiver of liability for works of art consigned to cooperative
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Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void. History. Code…
O.C.G.A. § 10-1-527 Use or display of work of art or photograph thereof
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An art dealer who accepts a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photogra…
O.C.G.A. § 10-1-529 Deceptive or unfair practices
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Disaster related violations, §10-1-438. Elderly or disabled persons, §§10-1-850 to 10-1-857. Fair business practices act, §§10-1-390 to 10-1-408. 1431 INDEX COMMERCE AND TRADE —Cont’d Selling and other trade practices —Cont’d Deceptive or unfair practices —Cont’d False advertisin…
O.C.G.A. § 10-1-529.1 Undocumented property
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Acquisition by museum or repository, §10-1-529.5. MUSICAL PERFORMANCES. Vocal or instrumental performances or productions by cover band. Advertisement without authorization of recording group. Fair business practices act of 1975, §10-1-393.17. MUSIC DOWNLOAD WEBSITES.
O.C.G.A. § 10-1-529.2 Definitions
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As used in this article, the term: (1) “Archives repository” means a nonprofit organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value and that is open to the public on a regular basis. Arc…
O.C.G.A. § 10-1-529.4 Georgia museum property act
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Short title, §10-1-529.1. Inapplicability of article. American Indian human remains and burial objects, §10-1-529.7. Lien for costs incurred. Application of conservation measures to loaned property, §10-1-529.6. Notice to owners.
O.C.G.A. § 10-1-529.5 Acquisition of undocumented property
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(a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the…
O.C.G.A. § 10-1-529.6 Securities
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Fingerprinting and criminal background check. Agents, broker-dealers, investment advisers and investment adviser representatives. Immunity of commissioner and crime information center, §10-5-35. Superior court clerks’ cooperative authority. Social security numbers appearing on do…
O.C.G.A. § 10-1-529.7 Short title
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Definitions. Duty of museums and archives repositories to keep accurate records of property held on loan; notice of change in ownership of loaned property. Abandonment of property loaned to a museum or archives repository; museum acquisition of abandoned property. Acquisition of u…
O.C.G.A. § 10-1-530 Liability for sale of stolen horse or mule
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Any auctioneer who may sell or dispose of any horse or mule shall be held responsible to the purchaser for damages in the event it is shown and proved that the horse or mule so sold by him was stolen. History. Ga. L. 1865-66, p. 260, § 1; Code 1868, § 1439; Code 1873, § 1426; Cod…
O.C.G.A. § 10-1-570 Short title
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This article shall be known and may be cited as “The Common Day of Rest Act of 1974.” History. Ga. L. 1974, p. 186, § 13.
O.C.G.A. § 10-1-571 Under common control with
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Telemarketing deception, fraud or abuse, §10-5B-2. Units sold. Tobacco master settlement agreement enhancements, §10-13A-2. Tobacco products manufacturers, §10-13-2. DEFINED TERMS —Cont’d Used, detached catalytic converters. Secondary metals recyclers, prohibited acts, §10-1-351.…
O.C.G.A. § 10-1-572 Legislative intent
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The purpose of this article is to promote the health, recreation, welfare, repose, and religious liberty of each individual of this state. This article is not designed to be discriminatory in any way or to any group but rather to provide the public with necessary benefits and serv…
O.C.G.A. § 10-1-573 Employees to be given benefit of day of rest
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Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of su…
O.C.G.A. § 10-1-574 General exemptions from article
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This article is not applicable to and shall not prohibit: (1) Casual transactions between persons, none of whom are thereby carrying on a business or business transactions; (2) Agricultural operations such as farming, animal and poultry husbandry, forestry, and allied activity; (…
O.C.G.A. § 10-1-575 Charitable or religious activities exempt
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The prohibitions of this article are not applicable to a person, nonprofit organization, or nonprofit corporation if its activity is conducted solely for charitable or religious purposes. History. Ga. L. 1974, p. 186, § 7. 10-1-576. Governmental departments, agencies, and employees…
O.C.G.A. § 10-1-576 Overseers, §§10-6-120, 10-6-121
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Duties, §10-6-120. Parol contracts between employer and overseer, §10-6-121. Powers, §10-6-120. Termination at will. Consumer reports for employment purposes, §10-1-393.14. Trade secrets. Generally, §§10-1-760 to 10-1-767. LAW ENFORCEMENT OFFICERS. Computer or computer network. P…
O.C.G.A. § 10-1-590 Short title
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This article shall be known and may be cited as the “Buying Services Act of 1975.” History. Ga. L. 1975, p. 529, § 1; Ga. L. 2015, p. 1088, § 6/SB 148. 10-1-591. Definitions.
O.C.G.A. § 10-1-591 Definitions
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As used in this article, the term: 412 10-1-591 SELLING/OTHER TRADE PRACTICES 10-1-593 (1) “Attorney General” means the Attorney General or his or her designee. (2) “Business day” means any day other than a Saturday, Sunday, or legal holiday. (3) “Buying service,” “buying club,” …
O.C.G.A. § 10-1-592 Buying services and clubs to obtain licenses
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No buying service or club nor any officer, official, employee, or agent thereof shall sell, advertise, or solicit the sale or purchase of memberships or contracts within this state without having first obtained a license to do business in this state from the Attorney General. Hist…
O.C.G.A. § 10-1-593 Conditions of licensure; bonds
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As a condition to the issuance or retention of a license required by this article, each buying service or club shall: (1) Comply with such reasonable conditions for the issuance of a license as may be required by the Attorney General pursuant to this article; (2) Maintain a bond …
O.C.G.A. § 10-1-594 Application for license; renewal; fee
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(a) Application for a license as a buying service or club shall be made on forms prescribed by the Attorney General and shall contain such information and supporting documents as he may require. (b) Licenses shall be issued for a period of one year and shall be renewable within 9…
O.C.G.A. § 10-1-598 Notice of duration, §10-1-599
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Refunds. Cancellation, §10-1-597. Requirements, §10-1-598. Criminal penalty for violating article, §10-1-605. Definitions, §10-1-591. Fair business practices act of 1975. Application, §10-1-602. Fees. Licenses, §10-1-594. Injunctions, §10-1-603. Judgments on final order of civil pe…
O.C.G.A. § 10-1-599 Authorized duration of contract of membership; disclosure requirement
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No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member to convert his or her contract into a contract for a period longer than 18 months after the member has been a member of the club for a p…
O.C.G.A. § 10-1-6 Buyer’s right to cancel home solicitation sale
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(a) The buyer shall have a right to cancel a home solicitation sale agreement until 12:00 Midnight of the third business day after the day on which the buyer signs the agreement. (b) Notice of cancellation under this Code section shall be given to the seller at the place of busin…
O.C.G.A. § 10-1-600 Maintenance of records; inspection
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(a) Each buying service or club licensed in this state shall keep and maintain: 416 10-1-600 SELLING/OTHER TRADE PRACTICES 10-1-603 (1) Accurate accounts, books, and records of all transactions in this state; (2) Copies of all agreements; (3) Dates and amounts of payments made an…
O.C.G.A. § 10-1-601 Rules, regulations, and orders
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The Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall apply to the promulgation …
O.C.G.A. § 10-1-603 Injunctions
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In addition to any other proceedings authorized by this article, the Attorney General may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued or enforced by the Attor…
O.C.G.A. § 10-1-604 Contracts of membership
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Cancellation, §10-1-597. Duration, §10-1-599. Form of contract. Attorney general approval, §10-1-596. Noncomplying contracts null, void and of no effect, §10-1-596. Notice of cancellation, §§10-1-597, 10-1-598. Notice of duration, §10-1-599.
O.C.G.A. § 10-1-605 Penalty
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Any person, firm, corporation, organization, partnership, entity, 418 10-1-605 SELLING/OTHER TRADE PRACTICES T.10, C.1, A.22 buying club, or buying service violating any provision of this article shall be guilty of a misdemeanor. History. Ga. L. 1975, p. 529, § 15; Ga. L. 2015, p.…
O.C.G.A. § 10-1-606 Multilevel distribution companies
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Considered unlawful pyramid clubs, §10-1-410. CLEANING GASOLINE OR KEROSENE. Labeling of containers, §10-1-152. COEDUCATIONAL. Health spa contract requirement. Right of buyer to cancel. Change in coeducational provisions, §10-1-393.2. CLEAR AND CONSPICUOUS.
O.C.G.A. § 10-1-620 Short title
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This article shall be known and may be cited as the “Georgia Motor Vehicle Franchise Practices Act.” History. Code 1981, § 10-1-620, enacted by Ga. L. 1993, p. 1585, § 2.
O.C.G.A. § 10-1-621 Legislative findings
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The General Assembly finds and declares that: (1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare; (2) The provision for warranty service and the repair of predelivery transp…
O.C.G.A. § 10-1-622 Definitions
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As used in this article, the term: (.1) “Consumer data” means “nonpublic personal information” as such term is defined in 15 U.S.C. Section 6809(4) as it existed on January 1, 2019, that is: 420 10-1-622 SELLING/OTHER TRADE PRACTICES 10-1-622 (A) Collected by a dealer; and (B) Pro…
O.C.G.A. § 10-1-623 Violations of article
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Actions, §10-1-623. Enforcement of article generally, §§10-1-665 to 10-1-668. Written instruments violating article void, §10-1-624. Waiver of article void, §10-1-627. 1522 INDEX MOTOR VEHICLE FRANCHISES —Cont’d Warranty service and repair of predelivery transportation damages, §…
O.C.G.A. § 10-1-624 Claim, dispute, action
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Release agreement to resolve, §§10-1-623, 10-1-627. Continuation and succession, §§10-1-650 to 10-1-653. Burden of proving good cause for refusal to honor succession, §10-1-653. Cancellation of franchise, §10-1-651.
O.C.G.A. § 10-1-625 Limitations of actions
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Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the …
O.C.G.A. § 10-1-626 Remedies not exclusive
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The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the righ…
O.C.G.A. § 10-1-627 Waiver of article void; voluntary releases valid
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No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not pr…
O.C.G.A. § 10-1-628 Attorney’s fees
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Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable at…
O.C.G.A. § 10-1-630 Short title
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This part shall be known and may be cited as the “Georgia Motor Vehicle Dealer’s Day in Court Act.” History. Code 1981, § 10-1-630, enacted by Ga. L. 1993, p. 1585, § 2. 10-1-631. Unlawful acts of franchisor.
O.C.G.A. § 10-1-631 Unlawful acts of franchisor
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(a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer’s b…
O.C.G.A. § 10-1-632 Motor vehicle financing
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Retail installment sales contracts. General provisions, §§10-1-30 to 10-1-42. Motor vehicle warranties, §§10-1-780 to 10-1-798. Patents, bad faith assertions of infringement, §§10-1-770 to 10-1-774. Petroleum products sales generally, §§10-1-140 to 10-1-169. Referral sales. Furni…
O.C.G.A. § 10-1-640 Short title
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This part shall be known and may be cited as the “Motor Vehicle Warranty Practices Act.” History. Code 1981, § 10-1-640, enacted by Ga. L. 1993, p. 1585, § 2.