O.C.G.A.
O.C.G.A.

O.C.G.A. § 10-1-439.13 (2019)

Role of Attorney General in enforcement; no private right of action; severability

✓ 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.
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(a) The Attorney General shall be authorized to bring an action under this part to obtain a temporary or permanent injunction prohibiting the use of any method, act, or practice in violation of this part and to obtain restitution for consumers who are residents of this state and who incurred a loss of money or property as the direct result of a violation of this part.

(b) If a business that allows a consumer to accept an automatic renewal or continuous service offer online complies with the provisions of this part in good faith, it shall not be subject to civil penalty or damages.

(c) There shall be no private right of action for a violation of this part, nor shall a violation of this part serve as the basis for a private right of action under any other provision of law.

(d) If any provision of this part or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application. To this end, the provisions of this part are severable.

History

Code 1981, § 10-1-439.13, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2023, “part” was substituted for “article” near the end of subsection (b).

PART 9 ONLINE THIRD-PARTY DELIVERY SERVICE TRANSPARENCY Effective date. This part became effective January 1, 2024. See Editor’s notes for applicability. Editor’s notes. Ga. L. 2023, p. 592, § 3/HB 528, not codified by the General Assembly, provides: “This Act shall become effective

on January 1, 2024. Section 1 of this Act shall apply to any automatic renewal or continuous service plan or arrangement entered into on or after that date. Section 2 of this Act shall apply to any acts, practices, or transactions occurring on or after that date.”