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(Code 1981, §44-12-205, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 11.)
- For comment, "Unwrapping Escheat: Unclaimed Property Laws and Gift Cards," see 60 Emory L. J. 971 (2011).
- Assessment of dormancy fees on gift cards and certificates and refusal to honor them after one year did not violate O.C.G.A. § 44-12-205 of the Georgia Disposition of Unclaimed Property Act (DUPA), O.C.G.A. § 44-12-190 et seq; as the cards and certificates had not been unclaimed by the plaintiffs for more than five years when the complaint was filed, they were not presumed abandoned, and DUPA did not apply. Simon Prop. Group, Inc. v. Benson, 278 Ga. App. 277, 628 S.E.2d 697 (2006), aff'd, remanded, 281 Ga. 744, 642 S.E.2d 687 (2007).
- O.C.G.A. § 44-12-205(b), which simply provided that an amount equal to the price paid for an unclaimed card or certificate was to be paid to the state after five years, regardless of whether the card or certificate previously expired or otherwise lost value pursuant to contractual terms, did not provide a basis for the owners of certain gift cards and certificates to bring an action against the holder of the cards and certificates that claimed that the dormancy fees and expiration dates on the cards and certificates violated the Disposition of Unclaimed Property Act; the relationship between the owners and the holder was governed by Georgia contract law. Benson v. Simon Prop. Group, Inc., 281 Ga. 744, 642 S.E.2d 687 (2007).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2007-03-19
Citation: 281 Ga. 744, 642 S.E.2d 687, 2007 Fulton County D. Rep. 798, 29 A.L.R. 6th 827, 2007 Ga. LEXIS 238
Snippet: for more than five years. OCGA §§ 44-12-194, 44-12-205 (a). The purpose of the DUPA is not to expand