Title 10

(a) A person shall not make a bad faith assertion of patent infringement. (b) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: (1) The demand letter does not contain the following information: (A) The pate…

If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author’s agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request tha…

(a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act,” and the enforcement against any such violation shall be by public enforc…

A demand letter or civil action that includes a claim for relief arising under 35 U.S.C. Section 271(e) (2) or 42 U.S.C. Section 262 shall not be subject to the provisions of this article. History. Code 1981, § 10-1-774, enacted by Ga. L. 2014, p. 208, § 1/HB 809.

This article shall be known and may be cited as the “Georgia Lemon Law.” History. Code 1981, § 10-1-780, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.

The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for e…

Unless the context clearly requires otherwise, as used in this article, the term: (1) “Adjusted capitalized cost” means the amount shown as the adjusted capitalized cost in the lease agreement. (2) “Attorney General” means the Attorney General or his or her designee. (3) “Authori…

(a) The manufacturer shall publish an owner’s manual and provide it to the new motor vehicle dealer. The owner’s manual shall include a clear and conspicuous listing of addresses, email addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer’s customer …

(a)(1) If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall…

(a)(1) If a manufacturer does not replace or repurchase a nonconforming new motor vehicle after being requested to do so under subsection (b) of Code Section 10-1-784, the consumer may move to compel replacement or repurchase by applying for arbitration pursuant to Code Section 1…

(a) A consumer shall request arbitration by filing a written applica537 tion for arbitration with the Attorney General. The application must be filed no later than one year from the date of expiration of the lemon law rights period or 60 days from the conclusion of the certified inf…

(a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Chapter 3 of Title 5, and any …

The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article. History. Code 1981, § 10-1-788, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.

(a) A motor vehicle arbitration panel shall resolve disputes between consumers and manufacturers arising under this article. The Attorney General, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this art…

(a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other…

(a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Department of Law for deposit in the new motor vehicle arbitration accoun…

(a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer f…

(a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975”; provided, however, that enforcement against such violations shal…

The Attorney General shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the Attorney General pursuant to this Code section shall be exercised at all times …

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provision…

Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy. History. Code 1981, § 10-1-797, enacted by Ga. L. 2008, p. 746, § 1/HB 470; Ga. L. 2015, p. 1088, § 8/SB 148.

Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975,” which were transferred under this article to the Attorney Gen…

This article shall be known and may be cited as the “Farm Tractor Warranty Act.” History. Code 1981, § 10-1-810, enacted by Ga. L. 1991, p. 419, § 1.

As used in this article, the term: (1) “Consumer” means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor, and…

The manufacturer must supply to the dealer and the dealer must present directly to the consumer at the time of purchase a written notice stating, in ten-point all-capital type, in substantially the following form: “This equipment is subject to Article 29 of Chapter 1 of Title 10 …

If the farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer within 18 months of the date of the original delivery of the farm tractor to the consumer, the manufacturer or it…

(a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value of the farm tractor to the consumer within the tim…

The 18 month period and the 30 day repair period shall be extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster. History. Code 1981, § 10-1-815, e…

(a) If a manufacturer has established, or participates in, an informal dispute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Co…

It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; or (2) A nonconformity is the result of abuse or neglect or of modifications or alterations of the farm tractor not authorize…

Any action brought under this article shall be commenced within 12 months following the 18 month period. History. Code 1981, § 10-1-818, enacted by Ga. L. 1991, p. 419, § 1.

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…

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…

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 …

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 …

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. History. Co…

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…

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.

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…

Any individual who fails to comply with either Code Section 10-1-832 or 10-1-837 shall be individually liable for any damages or losses suffered by any participant in a pageant, without regard to whether the pageant operator is structured as a corporation, partnership, limited pa…

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…

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 impose an addi…

In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present: (1) Whether the defendant’s conduct was in disregard of the rights of the elder or d…

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…

The Attorney General may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer cri…

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…