private FBPA claim (Georgia) · Go Syfert
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private FBPA claim in Georgia

7 Georgia opinions name it 2 courts 1990–2012 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Tiismann v. Linda Martin Homes Corp.green
ga · 2006 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012“A private FBPA claim has three elements: a violation of the Act, causation, and injury.” (Citation and punctuation omitted.) Tiismann v. Linda Martin Homes Corp., 281 Ga. 137, 139 (2) ( 637 SE2d 14 ) (2006).

2012“A private FBPA claim has three elements: a violation of the Act, causation, and injury.” (Citation and punctuation omitted.) Tiismann v. Linda Martin Homes Corp., 281 Ga. 137, 139 (2) ( 637 SE2d 14 ) (2006).

22
Zeeman v. Blackgreen
gactapp · 1980 · cited in 2 Georgia opinions naming this issue, 2004–2005
2 sentences

2005Pursuant to the language of OCGA § 10-1-399 (a), however, “a private FBPA claim has three elements: a violation of the Act, causation, and injury.” Zeeman v. Black, 156 Ga. App. 82, 86-87 ( 273 SE2d 910 ) (1980) (also holding that the reliance element of common law misrepresentation is incorporated into the causation element of an individual FBPA claim).

2005Pursuant to the language of OCGA § 10-1-399 (a), however, “a private FBPA claim has three elements: a violation of the Act, causation, and injury.” Zeeman v. Black, 156 Ga. App. 82, 86-87 ( 273 SE2d 910 ) (1980) (also holding that the reliance element of common law misrepresentation is incorporated into the causation element of an individual FBPA claim).

12
Nims v. Ottergreen
gactapp · 1988 · cited in 2 Georgia opinions naming this issue, 1990–2004
2 sentences

2004“Thus[,] a private FBPA claim has three elements: a violation of the Act, causation, and injury.” Id. at 86-87 ; Nims v. Otter, 188 Ga. App. 516, 518 (2) ( 373 SE2d 396 ) (1988).

2004“Thus[,] a private FBPA claim has three elements: a violation of the Act, causation, and injury.” Id. at 86-87 ; Nims v. Otter, 188 Ga. App. 516, 518 (2) ( 373 SE2d 396 ) (1988).

12
Campbell v. Beakgreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2005–2005
2 sentences

2005See also Campbell v. Beak, 256 Ga. App. 493, 497-498 (4) ( 568 SE2d 801 ) (2002).

2005See also Campbell v. Beak, 256 Ga. App. 493, 497-498 (4) ( 568 SE2d 801 ) (2002).

11
Regency Nissan, Inc. v. Taylorgreen
gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 1996–1996
1 sentence

1996“A private FBPA claim has three essential elements: a violation of the act, causation, and injury. [Cit.]” Taylor, supra at 647 (2).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Lau's Corp., Inc. v. Haskins green
ga · 1991
2 sentences

1998Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ).” 2 The FBPA provides a private right of action only to “any person who suffers injury or damages as a result of . . . consumer acts or practices in violation of this part. . . .” 3 Accordingly, “a private FBPA claim has three elements: a violation of the Act, causation, and injury.” 4 Further, the Act “incorporat[es] the ‘reliance’ element of the common law tort of misrepresentation into the causation element of an individual claim,” which in turn means “the claimant is not entitled to recover if he had an equal and ample opportunity to asc

1998Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ).” 2 The FBPA provides a private right of action only to “any person who suffers injury or damages as a result of . . . consumer acts or practices in violation of this part. . . .” 3 Accordingly, “a private FBPA claim has three elements: a violation of the Act, causation, and injury.” 4 Further, the Act “incorporat[es] the ‘reliance’ element of the common law tort of misrepresentation into the causation element of an individual claim,” which in turn means “the claimant is not entitled to recover if he had an equal and ample opportunity to asc

11998–1998

Statutes the citing opinions construe

GA § 10-1-390 (7) GA § 10-1-393 (4) GA § 10-1-399 (4) GA § 51-12-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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