O.C.G.A.

O.C.G.A. § 10-1-402 (2019)

Assurances of voluntary compliance

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

Annotations

Law reviews. For comment, “The Georgia Fair

Business Practices Act: Business As Usual,” see 9 Ga. St. U.L. Rev. 453 (1993).

JUDICIAL DECISIONS Discretion as to acceptance of assurance. - Permissive wording of Ga. L. 1975, p. 376, § 12 indicates that it is not mandatory that the administrator accept an assurance of voluntary compliance with respect to acts or

practices violative of Ga. L. 1975, p. 376. State ex rel. Ryles v. Meredith Chevrolet, Inc., 145 Ga. App. 8, 244 S.E.2d 15, 1978 Ga. App. LEXIS 1840, aff’d, 242 Ga. 294, 249 S.E.2d 87, 1978 Ga. LEXIS 1180 (1978).