SB 69: "Georgia Courts Access and Consumer Protection Act"; enact

Third-party litigation financing companies pay money to people suing someone, in exchange for a cut of any settlement or judgment. Georgia law did not previously regulate this industry. SB 69, called the "Georgia Courts Access and Consumer Protection Act," creates a new chapter of Georgia banking law requiring anyone who provides this kind of financing to register with the Department of Banking and Finance, disclose ownership details, and avoid ties to foreign governments, foreign adversaries, or sovereign wealth funds. It bans financiers from controlling lawsuit strategy, paying referral kickbacks to lawyers, or collecting more than what is left after attorney's fees and costs. The bill also requires written contracts with specific cancellation rights and disclosures for consumers, makes unregistered financing a felony, and lets courts allow discovery of litigation financing agreements in lawsuits over $25,000. Separately, it changes Georgia's seat belt law so that failing to wear a seat belt can now be used as evidence in civil lawsuits over car accidents, subject to a judge's evidentiary rulings. Most of the Act takes effect January 1, 2026, though the discovery and seat belt provisions take effect upon the Governor's signature and apply only to future cases and contracts.

• Requires any company or person that provides litigation financing in Georgia to register with the Department of Banking and Finance and disclose ownership and business information.
• Bars anyone affiliated with foreign governments, foreign adversaries designated by the U.S. Commerce Department, or sovereign wealth funds from acting as a litigation financier in Georgia.
• Prohibits litigation financiers from directing lawsuit strategy, paying or accepting referral kickbacks, or collecting more than the plaintiff's share of proceeds after attorney's fees and costs.
• Requires litigation financing agreements to be in writing, disclosed in plain 14-point bold text, and cancellable without penalty within five business days.
• Makes it a felony, punishable by one to five years in prison or a $10,000 fine, to act as an unregistered litigation financier.
• Amends Georgia's discovery rules so parties can learn about litigation financing agreements of $25,000 or more, and changes the seat belt law to allow evidence of seat belt non-use in civil lawsuits.

Companies and investors that fund lawsuits in exchange for a share of the winnings, consumers who take out litigation financing to pursue legal claims, attorneys and law firms involved in financed cases, the Department of Banking and Finance, which must administer registration, and drivers and passengers involved in car accident lawsuits.

Consumers who borrow money against a future lawsuit payout would get new written disclosures, a cancellation window, and protection from foreign-controlled funders directing their case. Opposing parties in lawsuits could learn about large financing deals through discovery, and in car accident cases, juries could now hear that someone was not wearing a seat belt.

• New O.C.G.A. Chapter 7-10 defines key terms including 'litigation financier,' 'consumer,' 'foreign principal,' and 'sovereign wealth fund' (Code Section 7-10-1).
• Code Section 7-10-2 requires registration with the Department of Banking and Finance, including disclosure of any owner holding 10 percent or more of voting shares, and bans registration for anyone tied to a foreign adversary.
• Code Section 7-10-3 allows the department to deny registration for felony convictions within the past ten years and sets out notice and appeal procedures.
• Code Section 7-10-4 lists prohibited financier conduct, including controlling litigation strategy, paying kickbacks, and collecting more than the client's post-fee share of recovery.
• Code Section 7-10-5 makes large financiers (deals of $25,000 or more) potentially jointly liable for sanctions and requires financiers to indemnify plaintiffs against adverse costs.
• Code Section 7-10-6 sets required contract disclosures, including a five-business-day cancellation right, in at least 14-point bold font above the consumer's signature.
• Code Section 7-10-9 makes unregistered litigation financing a felony punishable by one to five years in prison or up to a $10,000 fine, reducible to a misdemeanor by the trial judge.
• Section 3 amends discovery rules (O.C.G.A. § 9-11-26) to allow discovery of litigation financing agreements of $25,000 or more, while Section 4 amends the seat belt law (O.C.G.A. § 40-8-76.1) to allow seat belt non-use as evidence in civil lawsuits.

1. 2025-04-21Effective Date 2026-01-01
2. 2025-04-21Act 10
3. 2025-04-21Senate Date Signed by Governor (Senado)
4. 2025-04-07Senate Sent to Governor (Senado)
5. 2025-03-31House Agreed Senate Amend or Sub (Cámara de Representantes)
6. 2025-03-28Senate Agreed House Amend or Sub As Amended (Senado)
7. 2025-03-27House Passed/Adopted By Substitute (Cámara de Representantes)
8. 2025-03-27House Third Readers (Cámara de Representantes)

• John Kennedy (R, SD-018)Patrocinador principal
• Steve Gooch (R, SD-051)
• Randy Robertson (R, SD-029)
• Jason Anavitarte (R, SD-031)
• Bo Hatchett (R, SD-050)
• Bill Cowsert (R, SD-046)
• Ben Watson (R, SD-001)
• Drew Echols (R, SD-049)
• Greg Dolezal (R, SD-027)
• Shawn Still (R, SD-048)
• Kay Kirkpatrick (R, SD-032)
• Brandon Beach (R, SD-021)
• Chuck Payne (R, SD-054)
• Frank Ginn (R, SD-047)
• Lee Anderson (R, SD-024)
• Max Burns (R, SD-023)
• Ricky Williams (R, SD-025)
• John Albers (R, SD-056)
• Clint Dixon (R, SD-045)
• Ed Setzler (R, SD-037)
• Matt Brass (R, SD-006)
• Russ Goodman (R, SD-008)
• Mike Hodges (R, SD-003)
• Sam Watson (R, SD-011)
• Larry Walker (R, SD-020)
• Marty Harbin (R, SD-016)
• Billy Hickman (R, SD-004)
• James Burchett (R, HD-176)

1. AprobadaVotación: Senado27 de febrero de 2025

   52 a favor, 0 en contra (0 sin votar, 4 ausentes)

   Passage: Senate Vote #104

2. AprobadaVotación: Cámara de Representantes27 de marzo de 2025

   98 a favor, 69 en contra (3 sin votar, 10 ausentes)

   Passage: House Vote #323

3. AprobadaVotación: Senado28 de marzo de 2025

   52 a favor, 0 en contra (0 sin votar, 4 ausentes)

   Agree To House Substitute As Amended: Senate Vote #336

4. AprobadaVotación: Cámara de Representantes31 de marzo de 2025

   120 a favor, 42 en contra (6 sin votar, 12 ausentes)

   Agree To Sam To Hsub: House Vote #360

• litigation financing
• consumer protection
• lawsuit lending
• seat belt law
• banking regulation