In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that the violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error and that such error was not the result of negligence in the maintenance of such procedures.
History. Ga. L. 1975, p. 376, § 11; Ga. L. 2015, p. 1088, § 2/SB 148.
Editor’s notes.
Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.
Law reviews.
For review of 1996 commerce and trade legislation, see 13 Ga. St. U.L. Rev. 33 (1996).
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