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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-4-160.5 Case Law from Google Scholar Amendments to OCGA 46-4-160.5

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 5 NATURAL GAS COMPETITION AND DEREGULATION

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

  1. 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.
  2. 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.
  3. 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 O.C.G.A. § 46-4-160.5

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).

Cited 62 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 448, 2010 Fulton County D. Rep. 2051

...ement known by the notary to be false, or performs an act with the intent to deceive or defraud, is guilty of a misdemeanor. See OCGA § 45-17-20(a). [5] And the notary statute does not contain an express private cause of action. Compare, e.g., OCGA § 46-4-160.5 (creating a private cause of action for retail consumers damaged by certain violations of the Natural Gas Competition and Deregulation Act)....
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Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010).

Cited 24 times | Published | Supreme Court of Georgia | Mar 15, 2010 | 286 Ga. 709, 2010 Fulton County D. Rep. 712

...y 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. OCGA § 46-4-160.5(a). This private right of action also applies to violations of several other sections of the Natural Gas Act, including OCGA § 46-4-160.2. OCGA § 46-4-160.5(c)....
...correct." Moreover, if the billing error results in an overpayment by a customer, the marketer must provide the customer with either an account credit or a refund. OCGA § 46-4-160.2(a)(1), (2). Here, Appellees brought their action pursuant to OCGA § 46-4-160.5, asserting, as noted above, violations of OCGA § 46-4-160(h) and OCGA § 46-4-160.2....
...ve intent. (Cit.)' [Cit.]" Garden Hills Civic Assn. v. MARTA, 273 Ga. 280, 284(5), 539 S.E.2d 811 (2000). Because there is no contrary legislative intent, and instead the clear purpose of the Natural Gas Act is to protect natural gas consumers, OCGA § 46-4-160.5, which specifically authorizes a private right of action for damages, must prevail over the general statute setting forth the voluntary payment doctrine....
...between the private right of action provided to consumers by the Natural Gas Act and the voluntary payment doctrine. The argument is disingenuous since the very premise of Appellant's motion to dismiss is based on the inherent conflict between OCGA § 46-4-160.5, which authorizes the Appellees' action for damages, and OCGA § 13-1-13, which, if applicable, would bar it....
...In finding no conflict between the voluntary payment doctrine and the Natural Gas Act's right of private action, the district court reasoned that the plaintiffs "could have refused to pay the allegedly improper charges and then brought suit under OCGA § 46-4-160.5 for damages they suffered as a result." Robbins v....
...SCANA Energy Marketing, Case No. 1:08-CV-640-BBM, 2008 WL 7724171, 2008 U.S. Dist. LEXIS 108917 (N.D. Ga. June 13, 2008). However, there is no such requirement of refusal set forth in the Natural Gas Act as a prerequisite to bringing an action under OCGA § 46-4-160.5....
...cient to warrant a grant of the relief sought, and the Court of Appeals therefore did not err in reversing the trial court's dismissal of the complaint. 2. The complaint in this case also asserts common law claims not specifically authorized by OCGA § 46-4-160.5, including claims for unjust enrichment and breach of a statutory duty....