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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 6. DISASTER RELATED VIOLATIONS

10-1-438. Enhanced penalties for disaster related violations; civil action authorized.

Active

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

  1. (a)

    As used in this part, the term:#

    1. (1)

      “Attorney General” means the Attorney General or his or her designee.#

    2. (2)

      “Disaster related violation” means any violation of Part 1, 2, or 4 of this article, which violation involves:#

      1. (A)

        The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or#

      2. (B)

        The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.#

    3. (3)

      “Natural disaster” means any natural disaster for which a state of emergency is proclaimed by the Governor.#

  2. (b)

    Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.#

  3. (c)

    Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under 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

Code 1981, § 10-1-438, enacted by Ga. L. 1995, p. 697, § 1; Ga. L. 2015, p. 1088, § 5/SB 148.

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, pages 357 to 358; merge action: carried; file SHA-256 7afbade16da7.