Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-1-819 Flue-cured leaf tobacco
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Carry-over tobacco, §§10-4-140 to 10-4-155. Leaf tobacco sales and storage generally, §§10-4-100 to 10-4-123. Lemon law. Farm tractors. General provisions, §§10-1-810 to 10-1-819. Receipts given by state licensed and bonded warehouses, §10-4-19. Warranties. Farm tractor warranty …
O.C.G.A. § 10-1-82 Label required for rebuilt item sold at retail
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Any rebuilt item sold at retail in the State of Georgia shall be labeled “Rebuilt.” Such label shall be placed adjacent to and shall be of the same size and type of marking as the old marking on the rebuilt item. History. Ga. L. 1959, p. 372, § 2.
O.C.G.A. § 10-1-83 MAGAZINES
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Advertising. False or fraudulent statements in advertising. Publishers excepted when acting in good faith, §10-1-421. Liquidation, auction or going-out-of-business sales. Misrepresenting ownership. Publishers excepted when acting in good faith, §10-1-426. Misrepresenting nature o…
O.C.G.A. § 10-1-830 Definitions
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As used in this article, the term: (1) “Beauty pageant” means any contest or competition in which entrants are judged on the basis of physical beauty, skill, talent, poise, and personality and in which a winner or winners are selected as representing an ideal in one or more of th…
O.C.G.A. § 10-1-831 Required information from operators
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Before accepting any entrant’s fee, all operators shall provide to each entrant a written document in at least ten-point type clearly containing only the following information: (1) Name, address, and telephone number of the operator; (2) Name, address, and telephone number of the…
O.C.G.A. § 10-1-832 Bond requirements
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Except for operators who are exempt from the requirements of this Code section in accordance with Code Section 10-1-833, each operator shall maintain a bond in the amount of $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such …
O.C.G.A. § 10-1-833 Exemptions from bond requirements
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No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant which confers no benefit …
O.C.G.A. § 10-1-834 Refund of entrants’ fees upon cancellation or default
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If a beauty pageant is canceled or fails to take place, all entrants’ fees shall be promptly refunded by the operator. For pageants subject to Code Section 10-1-832, the surety shall be liable for any unrefunded entrants’ fees in the case of a default by the operator. 553 History…
O.C.G.A. § 10-1-835 Civil penalties for violation
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Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975,” as administered by the Attorney General, and all public and private remedies available under such part shall be available regarding vi…
O.C.G.A. § 10-1-836 Criminal penalty for violation
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Any person, firm, corporation, organization, partnership, entity, or operator violating any provision of this article shall be guilty of a misdemeanor. History. Code 1981, § 10-1-836, enacted by Ga. L. 1992, p. 3256, § 1. 10-1-837. Escrow account.
O.C.G.A. § 10-1-837 Escrow account
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In lieu of obtaining the bond required by Code Section 10-1-832, any operator may place all entrants’ fees in an escrow account from which the operator cannot and does not withdraw any funds until the pageant has been held and all awards have been made. If the operator elects thi…
O.C.G.A. § 10-1-838 Definitions
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Required information from operators. Bond requirements. Exemptions from bond requirements. Refund of entrants’ fees upon cancellation or default. Civil penalties for violation. Criminal penalty for violation. Escrow account. Liability for failure to post bond or establish escrow …
O.C.G.A. § 10-1-850 Definitions
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As used in this article, the term: (1) “Disabled person” means a person who has a physical or mental impairment which substantially limits one or more of such person’s major life activities. As used in this paragraph, the term “physical or mental impairment” means any of the foll…
O.C.G.A. § 10-1-851 Enhanced penalty for violations against elder or disabled person
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When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may 556 10-1-851 S…
O.C.G.A. § 10-1-853 Civil action authorized
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An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Restitution ordered pursuant to this Code s…
O.C.G.A. § 10-1-854 Emblems
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Benevolent organizations, charities, fraternal organizations, etc., §§10-1-470 to 10-1-472. Emergencies and disasters, §10-1-438. Fair business practices act of 1975, §§10-1-390 to 10-1-408. Actions by individuals, §10-1-399. Limitation on recovery in case of bona fide error, §10-…
O.C.G.A. § 10-1-855 Victim intervention and assistance referral procedure
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The Attorney General may establish and maintain referral procedures with the Division of Aging Services within the Department of Human Services in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of…
O.C.G.A. § 10-1-856 Construction of provisions, §10-1-856
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Damages, §10-1-853. Definitions, §10-1-850. Educational initiatives as to consumer crimes, §10-1-854. Intervention and assistance, §10-1-855. Investigations, §10-1-857.
O.C.G.A. § 10-1-870 Short title
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This article shall be known and may be cited as the “Assistive Technology Warranty Act.” History. Code 1981, § 10-1-870, enacted by Ga. L. 1993, p. 1797, § 1. 10-1-871. Definitions.
O.C.G.A. § 10-1-871 Definitions
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As used in this article, the term: (1) “Assistive technology device” means any device or equipment with a retail cost to a consumer of $1,000.00 or more, that assists a person with disabilities to perform specific tasks such as moving, walking, standing, speaking, breathing, heari…
O.C.G.A. § 10-1-872 Express written warranties; failure to furnish
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A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written warranty for the assistive technology device. The warranty shall as a minimum warrant that t…
O.C.G.A. § 10-1-873 Repairs
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Nonconforming devices, §10-1-873. Return privileges. Thirty-day return privileges, §10-1-874. Rights and remedies under laws of contracts, §10-1-875. Sale or lease of returned device, §10-1-873. Short title, §10-1-870.
O.C.G.A. § 10-1-874 Waivers void, §10-1-875
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Gasoline. Self-service gasoline price. Drivers holding special disability permit, §10-1-164.1. Health spas. Total and permanent disability during membership, §10-1-393.2. Motor fuels. Self-service gasoline price. Drivers holding special disability permit, §10-1-164.1. Petroleum p…
O.C.G.A. § 10-1-875 ASSOCIATIONS
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Business records, §§10-11-1 to 10-11-3. Disposal of business records containing personal information, §§10-15-1 to 10-15-7. Commodities. Liability for acts or omissions of employees, officers or agents, §10-5A-7. Motor vehicle franchise practices act. Generally, §§10-1-620 to 10-…
O.C.G.A. § 10-1-890 Short title
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This article shall be known and may be cited as the “Motorized Wheelchair Warranty Act.” History. Code 1981, § 10-1-890, enacted by Ga. L. 1993, p. 1805, § 1. 10-1-891. Definitions.
O.C.G.A. § 10-1-891 Definitions
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As used in this article, the term: (1) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance. (2) “Consumer” means any of t…
O.C.G.A. § 10-1-892 Express written warranties; failure to furnish
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A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the motorized wheelchair warranting parts and performance. The duration of the express written …
O.C.G.A. § 10-1-893 Short title, §10-1-890
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Waivers void, §10-1-894. WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL, §§10-1-700 to 10-1-704. Action for failure to make timely payments of commissions, §10-1-702. Commissions.
O.C.G.A. § 10-1-894 MOTORS
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Labeling remanufactured or rebuilt items, §§10-1-80 to 10-1-83. MOTOR VEHICLE DEALERS. Dealer’s day in court act, §§10-1-630, 10-1-631. Franchises generally, §§10-1-620 to 10-1-670. MOTOR VEHICLE DEALERS —Cont’d Lemon law, §§10-1-780 to 10-1-798. Protection of consumer data, §10-…
O.C.G.A. § 10-1-910 Legislative findings
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The General Assembly finds and declares as follows: (1) The privacy and financial security of individuals is increasingly at risk due to the ever more widespread collection of personal information by both the private and public sectors; (2) Credit card transactions, magazine subscr…
O.C.G.A. § 10-1-911 Definitions
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As used in this article, the term: (1) “Breach of the security of the system” means unauthorized acquisition of an individual’s electronic data that compromises the security, confidentiality, or integrity of personal information of such individual maintained by an information brok…
O.C.G.A. § 10-1-912 Notification required upon breach of security regarding personal information
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(a) Any information broker or data collector that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any reside…
O.C.G.A. § 10-1-913 Additional definitions
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As used in this Code section, Code Section 10-1-914, and Code Section 10-1-914.1, the term: (1) “Consumer” means a natural person residing in this state. (2) “Consumer credit report” means a “consumer report” as defined in 15 U.S.C. Section 1681a(d) that a consumer reporting agenc…
O.C.G.A. § 10-1-914.1 Security freezes for protected consumers
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(a) A consumer credit reporting agency shall place a security freeze for a protected consumer if the consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze and the protected consumer’s representati…
O.C.G.A. § 10-1-915 Notice of right to security freeze
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At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. Section 1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice: “Georgia Consumers Have the Right to Obtain a Security Freeze. Yo…
O.C.G.A. § 10-1-930 Short title
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This article shall be known and may be cited as the “Georgia True Origin of Digital Goods Act.” 586 10-1-930 SELLING/OTHER TRADE PRACTICES History. Code 1981, § 10-1-930, enacted by Ga. L. 2022, p. 203, § 2/HB 508; Ga. L. 2024, p. 1052, § 2(35)/SB 448, effective July 1, 2024. Ame…
O.C.G.A. § 10-1-931 Definitions
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As used in this article, the term: (1) “Commercial recording or audiovisual work” means a recording or audiovisual work: (A) Consisting of substantially all of such recording or audiovisual work; and (B) Whose owner, assignee, authorized agent, or licensee has disseminated or int…
O.C.G.A. § 10-1-932 Required disclosure to consumers
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(a) A person that owns or operates a website or online service that consists, to a substantial extent, of the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and that electronically disseminates such works to consumers i…
O.C.G.A. § 10-1-933 Civil actions authorized; compliance; recovery of expenses
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(a) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this article may bring a private cause of action to obtain a declaratory judgment that an act o…
O.C.G.A. § 10-1-934 Limitation on application and applicability
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(a) This article shall be supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this article. (b) This article shall not: (1) Bar any cause of acti…
O.C.G.A. § 10-1-935 Short title, §10-1-930
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TRUST COMPANIES. Powers of attorney. Specification of authority of agents. Banks and other financial institutions, §10-6B-47. Failure to make express grant, effect on powers regarding financial institutions, §10-6B-40. TRUSTS AND TRUSTEES. Art. Consignment of art. Consigned work of …
O.C.G.A. § 10-1-940 Definitions
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As used in this article, the term: (1) “Consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes, including, but not limited to, any such property intended to be attached to or i…
O.C.G.A. § 10-1-942 Disclosure of identifying information; failure to comply; notice
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(a) Except as provided in subsection (b) of this Code section, an online marketplace shall require any high-volume third-party seller with an aggregate total of $20,000.00 or more in annual gross revenues on its platform to provide to the online marketplace and disclose to consum…
O.C.G.A. § 10-1-943 Reporting suspicious marketplace activity
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An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume thirdparty seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace. …
O.C.G.A. § 10-1-944 Use of information or documents; security
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(a) Information or documents collected solely to comply with the requirements of this article shall not be used for any other purpose unless required by law. (b) An online marketplace shall implement and maintain reasonable security procedures and practices, including administrat…
O.C.G.A. § 10-1-945 Civil actions by Attorney General; other remedies
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(a) If the Attorney General has reason to believe that any online marketplace has violated or is violating this article and such violation affects one or more residents of this state, the Attorney General may bring a civil action in any appropriate court to: (1) Enjoin further su…
O.C.G.A. § 10-2-1 Definitions
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As used in this chapter and any rules or regulations promulgated pursuant to this chapter, the term: (1) “Commissioner” means the Commissioner of Agriculture, the primary constitutional officer of the Georgia Department of Agriculture, charged with the responsibility of enforcing…
O.C.G.A. § 10-2-11 Information required on packages
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Except as otherwise provided in this chapter or by rules or regulations promulgated pursuant to this chapter, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (1) The…
O.C.G.A. § 10-2-12 Unit price required on packages with random weights
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In addition to the declarations required by Code Section 10-2-11, any package which is one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall contain a plain and conspicuous declaration of the price per single unit of…
O.C.G.A. § 10-2-13 Petroleum products sales
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Retail motor fuels. Advertising free gifts or services, §10-1-164. Requirements for signs, §10-1-164.