---
title: O.C.G.A. § 10-1-393.16. Written solicitations relating to corporate filings, employment or labor posters, or notices; definition; penalty for noncompliance.
collection: code
id: 10-1-393.16
cite_as: O.C.G.A. § 10-1-393.16 (2025)
canonical_url: https://georgiacommons.org/code/10-1-393.16
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source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=277
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
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heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / DECEPTIVE OR UNFAIR PRACTICES / FAIR BUSINESS PRACTICES ACT
---

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

(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, in at least 16 point Helvetica font:

(1) At the top of and at least two inches apart from any other text on such solicitation, the words:

“THIS IS A SOLICITATION. THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT AND HAS NOT BEEN SENT BY THE GEORGIA SECRETARY OF STATE’S OFFICE OR THE GEORGIA DEPARTMENT OF LABOR.”

No text on the solicitation shall be larger than the above required words.

(2) On front of the envelope or, if there is no envelope, on the part of the written solicitation that bears the postage stamp or amount, the word:

“SOLICITATION”

(c) Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part; provided, however, that notwithstanding Code Section 10-1-399, a claim of a violation of this Code section may be brought in a representative capacity and may be the subject of a class action under Code Section 9-11-23; and provided, further, that damages for such violation shall be the actual damages or $200.00 per violation, whichever is greater.

## History

Code 1981, § 10-1-393.16, enacted by Ga. L. 2021, p. 508, § 1/HB 153; Ga. L. 2022, p. 394, § 1/SB 363.

## Cross References

Filing documents, § 14-2-120 et seq.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2022, Code Section 10-1-393.16, as enacted by Ga. L. 2022, p. 203, § 1/HB 508, was redesignated as Code Section 10-1-393.17.

## Amendments

The 2022 amendment, effective July 1, 2022, rewrote subsection (b) and added the proviso at the end of subsection (c).