O.C.G.A.

O.C.G.A. § 10-1-835 (2019)

Civil violation; remedies

✓ 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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Statute text

Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975," as administered by the Attorney General, and all public and private remedies available under such part shall be available regarding violations of this article.

History

(Code 1981, § 10-1-835, enacted by Ga. L. 1992, p. 3256, § 1; Ga. L. 1994, p. 1165, § 6; Ga. L. 2015, p. 1088, § 9/SB 148.)

Annotations

The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "Governor's Office of Consumer Affairs" in the middle of this Code section.

JUDICIAL DECISIONS

Attorney fees. - O.C.G.A. § 10-1-835 adopts the private remedies available under the Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq., which includes awards of reasonable attorney fees and litigation expenses under O.C.G.A. § 10-1-399(d). Galardi v. Steele-Inman, 259 Ga. App. 249, 576 S.E.2d 555 (2002).

After the jury rendered a verdict in favor of the beauty pageant contestant, finding that the pageant promoters violated the statutory requirements regarding the providing of certain information to contestants, the posting of a bond, and the maintaining of an escrow account, in violation of O.C.G.A. §§ 10-1-831, 10-1-832, and 10-1-837, the trial court's award of attorney fees and litigation expenses to the contestant pursuant to O.C.G.A. §§ 10-1-399 and 10-1-835 was proper. Galardi v. Steele-Inman, 266 Ga. App. 515, 597 S.E.2d 571 (2004).

Double recovery prohibited. - Although an injured party could have recovered attorney fees for appellants' bad faith under O.C.G.A. § 13-6-11 or for their breach of the beauty pageant statutes under O.C.G.A. § 10-1-835, the law prohibited a double recovery of attorney fees and expenses as damages since the tortfeasors alleged that the injured party cheated in a beauty pageant, resulting in the injured party being effectively barred from the pageant, and causing the injured party to be unable to find work as an adult entertainer. Galardi v. Steele-Inman, 259 Ga. App. 249, 576 S.E.2d 555 (2002).

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Galardi v. Steele-Inman, 597 S.E.2d 571 (Ga. Ct. App. 2004).

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Galardi v. Steele-Inman, 597 S.E.2d 571 (Ga. Ct. App. 2004). · cites it 2× “…v. Eichelkraut, 246 Ga. App. 275, 279 (2) ( 539 SE2d 588 ) (2000). 28 OCGA §§ 10-1-831; 10-1-832; 10-1-837. 29 See OCGA §§ 10-1-835; 10-1-399.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.