Consumer Law Library

Georgia: consumer-protection statute

Fair Business Practices Act — O.C.G.A. § 10-1-390 et seq.

Official statute source

Statute-text comparison only, not legal advice. Verify against the current official code.

State comparison · Compare by provision

Private right of action

Whether a person may bring a civil action under the statute.

limited

10-1-399

A claim for damages for violation of this article may be asserted in an individual action only and may not be the subject of a class action

Actual damages

Recovery for the loss a person actually suffered.

actual damages recoverable

10-1-399

recover the actual, or special, damages sustained thereby

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Not found in the statute text reviewed

Attorney fees

Rules for recovering the cost of legal representation.

reasonable attorneys' fees and costs of litigation

10-1-399

reasonable attorneys’ fees and costs of litigation

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

30 days written demand for relief

10-1-399

At least 30 days prior to the filing of any such action, a written demand for relief

Class action limits

Restrictions on bringing claims on behalf of a class.

class actions prohibited for damages

10-1-399

may not be the subject of a class action

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

two years

10-1-239

No action shall be brought under Code Section 10-1-235 or Code Section 10-1-238 unless commenced within two years

Injunctive relief

Court orders requiring conduct to stop or change.

injunction available

10-1-294

This article may be enforced by injunction or any other available equitable or legal remedy

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

up to $2,000 per violation by order; up to $5,000 per violation by court

10-1-397

imposing a civil penalty of up to a maximum of $2,000.00 per violation