O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-4-160.5 (2019)

Retail customer recovery for violations

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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. (b) 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 administrator 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. (c) 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

Notes of Decisions
Cited in 5 cases, 2009–2016 · leading case: Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010).
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Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). · cites it 32× “2(a), billing errors or mistakes reported to a natural gas marketer must be corrected, and if not, "the burden of proof shall be on the marketer to show why the bill is correct." Moreover, if the billing error results in an overpayment by a customer, the marketer must provide…”
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). · cites it 26× “Further, in light of the private right of civil action provided in OCGA § 46-4-160.5 of the Gas Act, [21] we conclude that Oxford v.”
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010). · cites it 4× “(a) We are interpreting a penal statute, as any notary who executes a certificate containing a statement known by the notary to be false, or performs an act with the intent to deceive or defraud, is guilty of a misdemeanor.”
Somerville v. White, 787 S.E.2d 350 (Ga. Ct. App. 2016). · cites it 2× “picted person and serves no legitimate purpose to the depicted person; or (2) Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult when the transmission or…”
Marcus W. Somerville v. Wanda W. White (Ga. Ct. App. 2016). · cites it 2× “And under OCGA § 16-11-90 (c), any person who violates the foregoing code section is guilty of “a misdemeanor of a high and aggravated nature,” and any subsequent conviction for violating this code section constitutes a felony.”
— 46-4-160.5(a) — 2 cases
Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). “2(a), billing errors or mistakes reported to a natural gas marketer must be corrected, and if not, "the burden of proof shall be on the marketer to show why the bill is correct." Moreover, if the billing error results in an overpayment by a customer, the marketer must provide…”
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). “Further, in light of the private right of civil action provided in OCGA § 46-4-160.5 of the Gas Act, [21] we conclude that Oxford v.”
— 46-4-160.5(b) — 1 case
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). “Further, in light of the private right of civil action provided in OCGA § 46-4-160.5 of the Gas Act, [21] we conclude that Oxford v.”
— 46-4-160.5(c) — 1 case
Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). “2(a), billing errors or mistakes reported to a natural gas marketer must be corrected, and if not, "the burden of proof shall be on the marketer to show why the bill is correct." Moreover, if the billing error results in an overpayment by a customer, the marketer must provide…”
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