ARTICLE 5 NATURAL GAS COMPETITION AND DEREGULATION

46-4-160.5. Retail customer recovery for violations.

Any retail customer who is damaged by a marketer's violation of any provision of Code Section 46-4-160, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to recover actual damages sustained by the retail customer, as well as incidental damages, consequential damages, reasonable attorney's fees, and court costs.

Any violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section is declared to be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." Any remedy available under such part shall be available to any retail customer and any action by the Attorney General that such part authorizes for a violation of such part shall be authorized for violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section. This subsection shall not be construed to provide that other violations of this article or rules promulgated under this article are not violations of such part.

The provisions of this Code section shall apply to violations of subsections (g) and (h) of Code Section 46-4-156, Code Sections 46-4-158.2, 46-4-160.1, and 46-4-160.2, and substantial violations of Code Section 46-4-158.3.

(Code 1981, §46-4-160.5, enacted by Ga. L. 2002, p. 475, § 18; Ga. L. 2004, p. 631, § 46; Ga. L. 2015, p. 1088, § 41/SB 148.)

Effective date.

- This Code section became effective April 25, 2002.

The 2004 amendment, effective May 13, 2004, part of an Act to revise, modernize, and correct the Code, substituted "such part" for "such Act" throughout subsection (b).

The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "administrator" in the second sentence of subsection (b).

Editor's notes.

- Ga. L. 2002, p. 475, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Natural Gas Consumers' Relief Act.'"

JUDICIAL DECISIONS

Recovery of overpayments made to energy company.

- Trial court erred by dismissing a class action complaint under O.C.G.A. § 9-11-12(b)(6) for failure to state a cause of action in a suit brought by customers against an energy company seeking recovery of overpayments as the voluntary payment doctrine did not apply to bar the action. Ellison v. Southstar Energy Servs., LLC, 298 Ga. App. 170, 679 S.E.2d 750 (2009), aff'd, 286 Ga. 709, 691 S.E.2d 203 (2010).

Voluntary payment doctrine not a defense.

- Trial court erred in dismissing natural gas customers' class action alleging that a provider intentionally and deceptively overcharged the customers based on the voluntary payment doctrine. O.C.G.A. § 46-4-160.5, which specifically authorized a private right of action for damages for the customers, prevailed over O.C.G.A. § 13-1-13, the general statute setting forth the voluntary payment doctrine. Southstar Energy Servs., LLC v. Ellison, 286 Ga. 709, 691 S.E.2d 203 (2010).

Cases Citing Georgia Code 46-4-160.5 From Courtlistener.com

Total Results: 2

Anthony v. American General Financial Services, Inc.

Court: Supreme Court of Georgia | Date Filed: 2010-06-28

Citation: 697 S.E.2d 166, 287 Ga. 448, 2010 Fulton County D. Rep. 2051, 2010 Ga. LEXIS 478

Snippet: private cause of action. Compare, e.g., OCGA § 46-4-160.5 (creating a private cause of action for retail

SOUTHSTAR ENERGY SERVICES, LLC v. Ellison

Court: Supreme Court of Georgia | Date Filed: 2010-03-15

Citation: 691 S.E.2d 203, 286 Ga. 709, 2010 Fulton County D. Rep. 712, 2010 Ga. LEXIS 223

Snippet: reasonable attorney’s fees, and court costs. OCGA § 46-4-160.5 (a). This private right of action also applies

Syfert Injury Law Firm

2018 Georgia Code 46-4-160.5 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 4. Distribution, Storage, and Sale of Gas, 46-4-1 through 46-4-166.