O.C.G.A. § 10-1-679.15 (2019)
Penalty for violations
Article 23 Lease-Purchase Agreements
Article 22B Recreational Vehicle Dealers
Definitions; considerations in determining “good cause”. Legislative intent; variation by contract of article’s effect prohibited. Designated sales area for recreational vehicle dealer. Published prices, charges, and terms of sale. Termination or change of dealership agreements; burden of proving good cause. Notice required for termination of or substantial change to dealership agreements. Repurchase of inventory, equipment, tools, accessories, and signage on termination of the dealership contract; reimbursement for returned items. Unlawful coercive practices. Sale or transfer of ownership or change in management of dealerships; unlawful practices; required notices.
Short title. Definitions. Requirements for lease-purchase agreement. Advertisements. Prohibited agreement provisions. Purchase of insurance; early termination or return of items; late fees. Right to reinstatement of agreement by lessee failing to make timely payments; fees; substitute items. Penalties; grace period for compliance. Limitation of actions. Example of form. Article 24
Wholesale Distribution by Out-ofState Principal
Definitions. [Reserved] Contract for services in state. Payment of commission owed after contract termination; civil action authorized. Waiver of law prohibited. Jurisdiction of court. Article 25
Retail Petroleum Product Dealers
Definitions.
Sec.
SELLING/OTHER TRADE PRACTICES
Right to have trial franchise offered to designated family member; change of designation.
Article 26
Multiline Heavy Equipment Dealers
Sec.
Short title. Definitions. Unilateral amendment, cancellation, termination, refusal to renew, or causing resignation from agreement for good cause. Amendment, termination, cancellation, or nonrenewal of agreement. Transfer of business, stock, or other interest in dealership. Mailing of notice. Change in dealer’s management or personnel. Incorporation of article into agreements; waiver prohibited; good faith settlements. Good faith, fair dealing, and reasonableness requirements. Venue; equitable relief; recovery of losses and damages for violation of Code Sections 10-1-732 and 10-1734; when supplier may not cancel, terminate, or refuse to renew agreement. Applicability of article. Article 27
Defectively Manufactured New Motor Vehicles
Short title. Definitions. Injunctive relief. Recovery of damages. Award of attorneys’ fees. Protection of trade secret during action. Limitation of action. Applicability of article. Article 27A
Bad Faith Assertions of Patent Infringement
Bad faith assertion of patent infringement prohibited; factors for determining bad faith. Protective order; posting of bond. Enforcement; relief from damages. Federal actions excluded. Article 28
Trade Secrets
Definitions.
Short title. Legislative intent. Definitions. Provision of owner’s manual and notice of rights; fully itemized and legible repair order; copies of reports. Opportunity to repair; repurchase or replacement of vehicle. Compelled replacement or repurchase through arbitration; manufacturer’s informal dispute settlement mechanism; revocation of mechanism. Request for arbitration; determination of eligibility; notifications; timing; requirements for decision. Finality of arbitrator’s decision; appeals by manufacturers; time for compliance with arbitrator’s decision. Exhaustion of remedies under article required. Establishment of motor vehicle arbitration panel; compensation; conduct; liability. Requirements for transfer of reacquired vehicle. Consumer fees to implement provisions of article; enforcement. Limitation of liability for new motor vehicle dealers. Violations constitute unfair and deceptive act or practice; cumulative effect. [Reserved] Staff for administration.
Sec.
Rules and regulations. Severability. Consumer cannot waive rights. Continuing validity of previously adopted rules, orders, actions, and regulations. Article 29
Sec.
Farm Tractor Warranty Act
Short title. Definitions. Written notice of warranty supplied by manufacturer and presented by dealer to consumer at time of purchase. Opportunity to repair. Refund or replacement. Extension of reporting and repair periods. Informal dispute settlement procedures; remedy for violation. Affirmative defenses against claims. Limitations of actions. Other remedies and rights not limited by article.
Beauty Pageants
Definitions. Required information from operators. Bond requirements. Exemptions from bond requirements. Refund of entrants’ fees upon cancellation or default. Civil penalties for violation. Criminal penalty for violation. Escrow account. Liability for failure to post bond or establish escrow account.
Assistive Technology Warranties
Short title. Definitions. Express written warranties; failure to furnish. Repair of nonconforming assistive technology devices; refund or replacement of devices; sale or lease of returned device. Thirty-day return privilege. Rights and remedies under other laws or contracts; waivers void; actions for damages. Article 33
Motorized Wheelchair Warranties
Article 31 Unfair Or Deceptive Practices Toward Elder Or Disabled Persons
Enhanced penalty for violations against elder or disabled person. Factors for determining imposition and amount of civil penalty. Civil action authorized. Educational initiatives on consumer crimes against elder and disable person. Victim intervention and assistance referral procedure. Construction with Part 2 of Article 15 of this chapter; confidentiality. Complaints, inquiries, investigations, and corrective action. Article 32
Article 30
Definitions.
Short title. Definitions. Express written warranties; failure to furnish. Repair of nonconforming assistive motorized wheelchairs; refund or replacement; sale or lease of returned wheelchair. Other rights or remedies under other law or contract; waiver void; action for damages.
SELLING/OTHER TRADE PRACTICES Article 34
Sec.
Identity Theft Sec.
Legislative findings. Definitions. Notification required upon breach of security regarding personal information. Additional definitions. Consumer requested security freeze on credit report; timing; notifications; temporary lifting of freeze; application; penalty. Security freezes for protected consumers. Notice of right to security freeze.
Online Marketplace Requirements
Short title. Definitions. Required disclosure to consumers.
Annotations
Law reviews. For note on 1999 amendments and enactments of Code sections in this chapter, see 16 Ga. St. U.L. Rev. 12 (1999).
Civil actions authorized; compliance; recovery of expenses. Limitation on application and applicability. Violations and enforcement. Article 36
Article 35 True Origin of Digital Goods
Definitions. Required information from high-volume third-party sellers; suspension for noncompliance; verification by online marketplace. Disclosure of identifying information; failure to comply; notice. Reporting suspicious marketplace activity. Use of information or documents; security. Civil actions by Attorney General; other remedies.
For annual survey article discussing developments in commercial law, see 52 Mercer L. Rev. 143 (2000).
RESEARCH REFERENCES Am. Jur. Proof of Facts. Violation of the Truth-In-Lending Act and Regulation Z, 73 POF3d 275. ALR. Constitutional right to jury trial in cause of action under state unfair or
deceptive trade practices law, 54 A.L.R.5th 631. Suits or Claims for Rescission of Franchise Agreements for Retail and Service Businesses Other than Restaurants and Car Dealerships, 77 A.L.R.7th 4.
ARTICLE 1 RETAIL INSTALLMENT AND HOME SOLICITATION SALES Cross references. Criminal penalty for offense of improper solicitation of money, § 16-9-52. Criminal penalty for false statements by telephone solicitors, § 16-9-54. Law reviews. For article discussing federal
truth-in-lending provisions and their relation to state laws, see 6 Ga. St. B. J. 19 (1969). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975).
For article, “Acceleration Clauses in Georgia: Consumer Installment Contracts and the Federal Truth-In-Lending Act,” see 27 Mercer L. Rev. 969 (1976). For article discussing methods of computation of finance charges in Georgia consumer credit contracts, see 30 Mercer L. Rev. 281 (1978).
For annual survey of commercial law, see 35 Mercer L. Rev. 53 (1983). For article, “The Federalization and Privatization of Public Consumer Protection Law in the United States: Their Effect on Litigation and Enforcement,” see 24 Ga. St. U.L. Rev. 663 (2008).
JUDICIAL DECISIONS Construction. - Ga. L. 1967, p. 659, § 1 et seq. must be strictly construed. Busby v. Sea Island Bank, 151 Ga. App. 412, 260 S.E.2d 485, 1979 Ga. App. LEXIS 2550 (1979). Decisions are sui generis. - Decisions under Ga. L. 1967, p. 659, § 1 et seq. are to be treated sui generis. Bell v. Loosier of Albany, Inc., 140 Ga. App. 393, 231 S.E.2d 142, 1976 Ga. App. LEXIS 1491 (1976). Ga. L. 1967, p. 659, § 1 et seq. and Ga. L. 1955, p. 431, § 1 et seq. are different in their purpose and effect, and the provisions of one are not controlling in the interpretation of the other. Liberty Loan Corp. v. Childs, 140 Ga. App. 473, 231 S.E.2d 352, 1976 Ga. App. LEXIS 1525 (1976). Decisions under this article as evidence of intent of Ch. 3, T. 7. - Judicial construction of O.C.G.A. Art. 1, Ch. 1, T. 10 is weak evidence of legislative intent in enacting the Georgia Industrial Loan Act, O.C.G.A. § 7-3-1 et seq. Ford v. Termplan, Inc., 528 F. Supp. 1016, 1981 U.S. Dist. LEXIS 10030 (N.D. Ga. 1981). Decisions under O.C.G.A. § 7-3-1 et seq. inapplicable. - Decisions rendered under Ga. L. 1955, p. 431, § 1 are not applicable to Ga. L. 1967, p. 659, § 1 et seq. Bell v. Loosier of Albany, Inc., 140 Ga. App. 393, 231 S.E.2d 142, 1976 Ga. App. LEXIS 1491 (1976).
Sales of motor vehicles. - Ga. L. 1967, p. 659, § 1 et seq. does not apply to the sale of a motor vehicle. Holder v. Brock, 129 Ga. App. 732, 200 S.E.2d 912, 1973 Ga. App. LEXIS 1128 (1973), overruled, Tucker v. Chung Studio of Karate, Inc., 142 Ga. App. 818, 237 S.E.2d 223, 1977 Ga. App. LEXIS 1386 (1977). Conflict with UCC as to security agreement. - Parties may contract to create a security interest which will then be governed by provisions of Ga. L. 1962, p. 156, § 1 unless those provisions conflict with the specific terms in Ga. L. 1967, p. 659, § 1 et seq. Brown v. Jenkins, 135 Ga. App. 694, 218 S.E.2d 690, 1975 Ga. App. LEXIS 1787 (1975). Assignee or transferee of a retail installment contract is not given holder in due course status under Ga. L. 1967, p. 659, § 1 et seq. Geiger Fin. Co. v. Graham, 123 Ga. App. 771, 182 S.E.2d 521, 1971 Ga. App. LEXIS 1378 (1971) (commented on in 8 Ga. St. B.J. 400 (1972)). Assignee or transferee takes contract subject to defenses against assignor. - Under simple contract law, an assignee or transferee takes a retail installment contract subject to any defenses that could be asserted against the assignor. Geiger Fin. Co. v. Graham, 123 Ga. App. 771, 182 S.E.2d 521, 1971 Ga. App. LEXIS 1378 (1971) (commented on in 8 Ga. St. B.J. 400 (1972)).
RESEARCH REFERENCES Am. Jur. 2d. 67 Am. Jur. 2d, Sales, § 589 et seq. ALR. Quantum, degree, or weight of evidence to sustain usury charge, 51 A.L.R.2d 1087. Scope and exceptions of state deceptive
trade practice and consumer protection acts, 85 A.L.R.3d 399. Coverage of insurance transactions under state consumer protection statutes, 77 A.L.R.4th 991. What constitutes Truth in Lending Act
SELLING/OTHER TRADE PRACTICES
violation which “was not intentional and resulted from bona fide error not withstanding maintenance of procedures rea-
sonably adapted to avoid any such error” within meaning of § 130(c) of Act (15 USCA § 1640(c)), 153 A.L.R. Fed. 193.