In the administration of this part the Attorney General may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this part from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the clerk of the superior court of the county in which the alleged violator resides or has his or her principal place of business or with the clerk of the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Attorney General for further proceedings in the public interest, pursuant to Code Section 10-1-397. This Code section shall not bar any claim against any person who has engaged in any act or practice in violation of this part.
History. Ga. L. 1975, p. 376, § 12; Ga. L. 2015, p. 1088, § 2/SB 148.
The 2015 amendment, effective July 1, 2015, substituted “Attorney General” for “administrator” in the first and next-to-last sentences and inserted “or her” in the second sentence.
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