TITLE 10 COMMERCE AND TRADE

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

ARTICLE 24 WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL

10-1-702. Rights of sales representative; frivolous actions.

1. When a contract between a principal and a sales representative is terminated, the principal shall within 30 days after the termination of the contract pay all commissions due to the sales representative.
2. A principal who fails to make timely payment of commissions as required by subsection (a) of this Code section shall be liable to the sales representative in a civil action for:
   1. All amounts due to the sales representative according to the terms of the contract;
   2. Exemplary damages in an amount not to exceed double the amount not timely paid as required by subsection (a) of this Code section; and
   3. Reasonable attorney's fees actually and reasonably incurred by the sales representative in the action.
3. A person who brings an action under this Code section shall, if the court determines that the action is frivolous, be liable to the defendant for attorney's fees actually and reasonably incurred by the defendant in defending against such action.

(Code 1981, §10-1-702, enacted by Ga. L. 1986, p. 884, § 1; Ga. L. 1992, p. 1320, § 2.)