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2018 Georgia Code 10-1-835 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 30 BEAUTY PAGEANTS

10-1-835. Civil violation; remedies.

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.

(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.)

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, and10-1-837, the trial court's award of attorney fees and litigation expenses to the contestant pursuant to O.C.G.A. §§ 10-1-399 and10-1-835 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).

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