Civil Penalties; Individual Liability

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Fair Business Practices Act
  7. Civil Penalties; Individual Liability

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  1. Any person who violates the terms of an injunction issued under Code Section 10-1-397 shall forfeit and pay to the state a civil penalty of not more than $25,000.00 per violation. For purposes of this Code section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the Attorney General, acting in the name of the state, may petition for recovery of civil penalties.
  2. In the case of a continuing violation under this part, each day shall be regarded as a separate violation.
  3. Any intentional violation by a corporation, partnership, or association shall be deemed to be also that of the individual directors, officers, partners, employees, or agents of the corporation, partnership, or association who knew or should have known of the acts constituting the violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part the violation; provided, however, no such individual directors, officers, partners, employees, or agents shall have any individual liability under this subsection unless the corporation, partnership, or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgment sufficient moneys or assets to satisfy the judgment.
  4. The Attorney General shall have the authority to compromise or settle claims for penalty brought under this Code section.

(Ga. L. 1975, p. 376, § 15; Ga. L. 1988, p. 1659, § 6; Ga. L. 2015, p. 1088, § 2/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "administrator" in subsections (a) and (d); and substituted "knew or should have known" for "had actual knowledge" in subsection (c).

Law reviews.

- For article discussing liability, under common-law agency principles, of all persons in the chain of command, for a violation of the Fair Business Practices Act, see 10 Ga. L. Rev. 917 (1976). For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).

JUDICIAL DECISIONS

Cited in State ex rel. Ryles v. Meredith Chevrolet, Inc., 145 Ga. App. 8, 244 S.E.2d 15 (1978).

RESEARCH REFERENCES

ALR.

- Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.


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