---
title: O.C.G.A. § 10-1-438. Enhanced penalties for disaster related violations; civil action authorized.
collection: code
id: 10-1-438
cite_as: O.C.G.A. § 10-1-438 (2025)
canonical_url: https://georgiacommons.org/code/10-1-438
md_url: https://georgiacommons.org/code/10-1-438.md
text_url: https://georgiacommons.org/code/10-1-438/text
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=357
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / DECEPTIVE OR UNFAIR PRACTICES / DISASTER RELATED VIOLATIONS
---

# O.C.G.A. § 10-1-438. Enhanced penalties for disaster related violations; civil action authorized.

(a) As used in this part, the term:

(1) “Attorney General” means the Attorney General or his or her designee.

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

(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

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

(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.

(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.

## History

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