10-1-426. Penalty for violations of Code Sections 10-1-424 and 10-1-425; good faith exceptions.

Ga. L. 1962, p. 129, § 3; Ga. L. 1993, p. 91, § 10; Ga. L. 2023, p. 248, § 2-3/SB 74, effective May 1, 2023.

The 2023 amendment, effective May 1, 2023, substituted “Code Section 10-1-424, 10-1-424.1, or 10-1-425” for “Code Sections 10-1-424 and 10-1-425” in the first sentence, inserted “, 10-1-424.1,” following “Code Section 10-1-424” and inserted “online or” following “other form of” in the second sentence. See Editor’s notes for applicability.

Ga. L. 2023, p. 248, § 2-1/SB 74, not codified by the General Assembly, provides: “The General Assembly finds that: “(1) The First Amendment protects commercial speech unless it involves illegal conduct or is misleading or fraudulent; “(2) Commercial speech that does no more than propose a commercial transaction through advertising or solicitation is entitled to First Amendment free speech protection, but only if it concerns lawful activity and is not misleading; “(3) The state should take necessary actions to ensure that all Georgians have their constitutional rights protected and appropriately vindicated when violated; “(4) The government has a substantial interest in protecting Georgians from false or misleading commercial practices relating to the handling of legal matters before the courts of this state and the courts of the United States; “(5) These practices have been particularly damaging to Georgia’s older residents who may have become confused or misled by such treatment; and “(6) A ban on commercial speech falsely claiming to handle legal matters before the courts of this state and the courts of the United States is necessary to directly advance the government’s interest in protecting Georgians from false or misleading business advertising and solicitations that offer to protect or vindicate constitutional rights of Georgians.” Ga. L. 2023, p. 248, § 4-1/SB 74, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that: “(1) Part II of this Act shall: “(A) Apply to contracts entered into on and after such effective date; and “(B) Not apply to contracts entered into before such effective date; provided, however, that any contract in violation of the provisions of Part II of this Act entered into before such effective date shall be void after the initial period set forth in such contract and shall not be renewed or otherwise extended on terms in violation of Part II of this Act; and “(2) Part III of this Act shall apply only to causes of action occurring on or after July 1, 2023.”