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O.C.G.A. § 16-9-52 — Improper solicitation of money | Georgia Code
O.C.G.A. § 16-9-52 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 9. Forgery and Fraudulent Practices, 16-9-1 through 16-9-157.

ARTICLE 4 FRAUD AND RELATED OFFENSES

16-9-52. Improper solicitation of money.

  1. A person commits the offense of improper solicitation of money when he solicits payment of money by another by means of a statement or invoice or any writing that could reasonably be interpreted as a statement or invoice for goods not yet ordered or for services not yet performed and not yet ordered, unless there appears on the face of the statement or invoice or writing in 30 point boldface type the following warning:

    "This is a solicitation for the order of goods or services and you are under no obligation to make payment unless you accept the offer contained herein."

  2. Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
  3. In addition to other remedies, any person damaged by noncompliance with subsection (a) of this Code section is entitled to damages in the amount equal to three times the sum solicited.

(Code 1933, § 26-1708, enacted by Ga. L. 1968, p. 322, §§ 1-3; Ga. L. 1969, p. 857, § 7; Ga. L. 1985, p. 149, § 16.)

Cross references.

- Regulation of retail installment and home solicitation sales, § 10-1-1 et seq.

RESEARCH REFERENCES

C.J.S.

- 35 C.J.S., False Pretenses, § 33.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.