History. Ga. L. 1975, p. 376, § 4; Ga. L. 2015, p. 1088, § 2/SB 148.
The 2015 amendment, effective July 1, 2015, substituted “Attorney General is authorized to adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this part and prohibit specific acts or practices that are deemed to be a violation of this part. The Attorney General is also authorized to adopt as” for “administrator is authorized to adopt as” in subsection (a); deleted former subsection (b), which read: “Such rules shall be promulgated only when it is determined by the administrator, in the reasonable exercise of his discretion, on the basis of his expertise and facts, submissions, evidence, and all information before him, that such rules are needed to prohibit or control acts or practices which create the probability of actual and substantial injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with the rule will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbitrary or capricious nor shall its promulgation be characterized by an abuse of discretion or an unwarranted exercise of discretion.”; redesignated former subsection (c) as present subsection (b) and substituted “Attorney General” for “administrator” in such subsection; and deleted former subsection (d), which read: “The Consumer Advisory Board shall be authorized to ratify or veto rules promulgated by the administrator at its next regular meeting after the rules are promulgated by the administrator under the provisions of Chapter 13 of Title 50.”
Law reviews.
For comment, “The Georgia Fair Business Practices Act: Business As Usual,” see 9 Ga. St. U.L. Rev. 453 (1993).
Structure Georgia Code
Chapter 1 - Selling and Other Trade Practices
Article 15 - Deceptive or Unfair Practices
Part 2 - Fair Business Practices Act
§ 10-1-391. Purpose and Construction of Part
§ 10-1-392. Definitions; When Intentional Violation Occurs
§ 10-1-393. Unfair or Deceptive Practices in Consumer Transactions Unlawful; Examples
§ 10-1-393.1. Office Supply Transactions; Solicitations for Telephone Directory Listings
§ 10-1-393.2. Requirements for Health Spas
§ 10-1-393.3. Prohibited Use of Purchaser’s Credit Card Information by Merchant
§ 10-1-393.4. Pricing Practices During State of Emergency
§ 10-1-393.6. Unlawful Telemarketing Transactions; Criminal Penalty
§ 10-1-393.7. Solicitation During Final Illness; Penalty
§ 10-1-393.8. Protection From Disclosure of an Individual’s Social Security Number
§ 10-1-393.9. Registration of Private Child Support Collectors; Surety Bond or Alternative
§ 10-1-393.12. Contract With Residential Roofing Contractor; Definitions
§ 10-1-393.14. Consumer Report for Employment Purposes
§ 10-1-396. Acts Exempt From Part
§ 10-1-397. Cease and Desist Orders; Civil Penalty; Judicial Relief; Receivers
§ 10-1-397.1. Initiation or Intervention by Attorney General
§ 10-1-398. Stay of Cease and Desist Order; Hearing
§ 10-1-399. Civil or Equitable Remedies by Individuals
§ 10-1-400. Limitation on Recovery in Case of Bona Fide Error
§ 10-1-401. Limitation of Actions; Right to Set Off Damages or Penalties Not Limited
§ 10-1-402. Assurances of Voluntary Compliance
§ 10-1-403. Investigations; Demands for Evidence
§ 10-1-405. Civil Penalties; Individual Liability
§ 10-1-406. Duty of Prosecuting Attorneys
§ 10-1-407. Part Not Exclusive
§ 10-1-408. Continuing Validity of Previously Adopted Rules, Orders, Actions, and Regulations