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Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 15. DECEPTIVE OR UNFAIR PRACTICES · Part 2. FAIR BUSINESS PRACTICES ACT

10-1-401. Limitation of actions; right to set off damages or penalties not limited.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No private right of action shall be brought under this part:#

    1. (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. (2)

      More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later.#

  2. (b)

    Damages or penalties to which a person is entitled pursuant to this part may be set off against the allegation of the person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1975, p. 376, § 17; Ga. L. 2015, p. 1088, § 2/SB 148.

Law reviews

For article, “Acquisition of Trademark Rights Under United States and Georgia Law,” see 7 Ga. St. B. J. 14 (2001).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, page 310; merge action: carried; file SHA-256 7afbade16da7.