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

O.C.G.A. § 10-1-850 (2019)

Definitions

✓ 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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As used in this article, the term: (1) “Disabled person” means a person who has a physical or mental impairment which substantially limits one or more of such person’s major life activities. As used in this paragraph, the term “physical or mental impairment” means any of the following: (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and

(B) Any mental or psychological disorder, such as developmental disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, developmental disability, and emotional illness. (2) “Elder person” means a person who is 60 years of age or older. (3) “Major life activities” includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (4) “Substantially limits” means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments which substantially limit a person’s major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries.

History

Code 1981, § 10-1-850, enacted by Ga. L. 1993, p. 1092, § 2; Ga. L. 2015, p. 385, § 4-18/HB 252; Ga. L. 2015, p. 1088, § 10/SB 148; Ga. L. 2024, p. 1052, § 2(31)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modern-

ize, and correct the Code, inserted “the term” following “paragraph,” in the introductory language of paragraph (1).

Annotations

Editor’s notes. Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.”

JUDICIAL DECISIONS Complaint only need allege one elderly victim. - In an action in which the plaintiff consumer filed a complaint under the Georgia Fair Business Practices Act (FBPA), O.C.G.A. § 10-1-390 et seq., and the Georgia Unfair or Deceptive Practices Toward the Elderly Act, O.C.G.A. § 10-1-850 et seq., and the lender argued for dismissal because the language of O.C.G.A. § 10-1-851 required conduct directed at more than one elderly

person, the argument was rejected; consistent with O.C.G.A. § 1-3-1(d)(6), and the use of plurals or the singular form in O.C.G.A. §§ 10-1-850, 10-1-852, and 10-1-853, O.C.G.A. § 10-1-851 required only a showing that FBPA was violated against one elderly person. Kitchen v. Ameriquest Mortg. Co., No. 1:04-CV-2750-BBM, 2005 U.S. Dist. LEXIS 43937 (N.D. Ga. Apr. 29, 2005).

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2006–2025 · leading case: Horne v. Harbour Portfolio VI, LP, 304 F. Supp. 3d 1332 (N.D. Ga. 2018).
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Horne v. Harbour Portfolio VI, LP, 304 F. Supp. 3d 1332 (N.D. Ga. 2018). · cites it 6× “O.C.G.A. § 10-1-850 (defining "disabled person" and "elder person").”
McLain v. Mariner Health Care, Inc., 631 S.E.2d 435 (Ga. Ct. App. 2006). · cites it 2× “5 OCGA § 10-1-850 et seq. 6 (Citation omitted.”
Aaa Restoration Co., Inc. v. Peek, 775 S.E.2d 627 (Ga. Ct. App. 2015). · cites it 2× “*153 A dispute eventually arose between the parties and in March 2014, Peek filed suit against AAA asserting claims for rescission, fraud, negligent misrepresentation, violations of the Deceptive Trade Practices Toward the Elderly Act (OCGA § 10-1-850 et seq.), violations of the…”
Lee v. Medicredit, Inc. (S.D. Ga. 2022). · cites it 6× “) Presently before the Court is Defendant’s Motion to Dismiss for failure to state a claim pursuant to Federal Rule of Procedure 12(b)(6).”
William Hairston v. Sadie T. Montgomery (Ga. Ct. App. 2024). · cites it 6× “, and the Unfair or Deceptive Practices Toward the Elderly Act (“UDPTEA”), OCGA § 10-1-850 et seq. The Montgomerys filed their complaint against the Defendants on August 19, 2021.”
Urquhart v. Credit Bureau of Napa Cnty. Inc (M.D. Ga. 2019). · cites it 2× “; and the Georgia Unfair or Deceptive Practices Toward the Elderly Act, O.C.G.A. § 10-1-850 et seq. See [Id. at ¶¶ 24–54].”
Clowers v. Mandarich Law Grp. LLP (M.D. Ga. 2019). · cites it 2× “), the Unfair or Deceptive Practices Toward the Elderly Act (OCGA § 10-1-850 et seq.), and the Defendants’ breach of the settlement agreement.”
Moody v. Synchrony Bank (M.D. Ga. 2020). · cites it 2× “, “and [the] Unfair or Deceptive Practices Toward the Elderly [Act]" (“UDPTEA”), O.C.G.A. § 10-1-850. Synchrony moved to dismiss all claims.”
Strange v. Juice Man (N.D. Ga. 2022). · cites it 2× “”42 This is sufficient to meet the definition of “disabled person” under O.C.G.A. § 10-1-850. Accordingly, the Court can impose additional penalties on GMR of up to $10,000.”
Paul A. Schofield, as Chapter 7 Tr. of the Est v. The Brian A. Moore Law Firm LLC (Bankr. S.D. Ga. 2025). · cites it 2× “Mai was an elder person—60 years of age or older, as defined by O.C.G.A. § 10-1-850(2)—when he contracted with Defendant and the factual allegations in the Complaint occurred.”
Nancy G. Clark v. Chase Bank USA, N.A., 643 F. App'x 838 (11th Cir. 2016). “In her complaint, Plaintiff purports to assert against Chase claims for (1) fraud; (2) violations of Georgia’s Unfair or Deceptive Practices Toward the Elderly, O.C.G.A. § 10-1-850 et seq. (“UDPTE”); and (3) violations of the Georgia Fair Business Practices Act, O.”
— 10-1-850(1) — 1 case
Horne v. Harbour Portfolio VI, LP, 304 F. Supp. 3d 1332 (N.D. Ga. 2018). “O.C.G.A. § 10-1-850 (defining "disabled person" and "elder person").”
— 10-1-850(2) — 1 case
Paul A. Schofield, as Chapter 7 Tr. of the Est v. The Brian A. Moore Law Firm LLC (Bankr. S.D. Ga. 2025). “Mai was an elder person—60 years of age or older, as defined by O.C.G.A. § 10-1-850(2)—when he contracted with Defendant and the factual allegations in the Complaint occurred.”
— 10-1-850(3) — 1 case
Horne v. Harbour Portfolio VI, LP, 304 F. Supp. 3d 1332 (N.D. Ga. 2018). “O.C.G.A. § 10-1-850 (defining "disabled person" and "elder person").”
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