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O.C.G.A. § 10-1-850 — Definitions | Georgia Code
O.C.G.A. § 10-1-850 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 31 UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY

10-1-850. Definitions.

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, "physical or mental impairment" means any of the following:
    1. 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
    2. 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.

(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.)

The 2015 amendment, effective July 1, 2015, substituted "developmental disability" for "mental retardation" twice in subparagraph (1)(B).

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.'"

Ga. L. 2015, p. 1088, § 10/SB 148, effective July 1, 2015, reenacted this Code section without change.

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, and10-1-853, O.C.G.A. § 10-1-851 required only a showing that FBPA was violated against one elderly person. Kitchen v. Ameriquest Mortg. Co., F. Supp. 2d (N.D. Ga. Apr. 29, 2005).

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