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2018 Georgia Code 10-1-438 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-438 Case Law from Google Scholar Amendments to OCGA 10-1-438

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 15 DECEPTIVE OR UNFAIR PRACTICES

10-1-438. Disaster related violations of Part 1, 2, or 4 of this article; definitions; civil penalties; cause of action for damages and attorney's fees.

  1. As used in this part, the term:
    1. "Attorney General" means the Attorney General or his or her designee.
    2. "Disaster related violation" means any violation of Part 1, 2, or 4 of this article, which violation involves:
      1. The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or
      2. The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.
    3. "Natural disaster" means any natural disaster for which a state of emergency is proclaimed by the Governor.
  2. Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.
  3. Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.

(Code 1981, §10-1-438, enacted by Ga. L. 1995, p. 697, § 1; Ga. L. 2015, p. 1088, § 5/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted the present provisions of paragraph (a)(1) for the former provisions, which read: "'Administrator' means the administrator appointed pursuant to Code Section 10-1-395."; and substituted "Attorney General" for "administrator" at the beginning of subsection (b).

PART 7 F IREARMS INDUSTRY NONDISCRIMINATION

Effective date.

- This part became effective May 8, 2017.

Cross references.

- Right to bear arms, U.S. Const., amend. 2.

Arms, right to keep and bear, Ga. Const. 1983, Art. I, Sec. I, Para. VIII.

Editor's notes.

- Ga. L. 2017, p. 555, § 1/HB 292, not codified by the General Assembly, provides that: "The General Assembly finds that:

"(1) The ownership of firearms is a clear and explicit right protected by the United States Constitution and the Constitution of this state;

"(2) Access to financial services provides for the functioning of a firearms industry and, thus, the constitutionally protected right of firearm ownership; and

"(3) The provisions of this Act are intended to implement the constitutional protections provided for under the law."

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