Disaster Related Violations of Part 1, 2, or 4 of This Article; Definitions; Civil Penalties; Cause of Action for Damages and Attorney's Fees

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Disaster Related Violations
  7. Disaster Related Violations of Part 1, 2, or 4 of This Article; Definitions; Civil Penalties; Cause of Action for Damages and Attorney's Fees

Checkout our iOS App for a better way to browser and research.

  1. As used in this part, the term:
    1. "Attorney General" means the Attorney General or his or her designee.
    2. "Disaster related violation" means any violation of Part 1, 2, or 4 of this article, which violation involves:
      1. The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or
      2. The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.
    3. "Natural disaster" means any natural disaster for which a state of emergency is proclaimed by the Governor.
  2. Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.
  3. Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.

(Code 1981, §10-1-438, enacted by Ga. L. 1995, p. 697, § 1; Ga. L. 2015, p. 1088, § 5/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted the present provisions of paragraph (a)(1) for the former provisions, which read: "'Administrator' means the administrator appointed pursuant to Code Section 10-1-395."; and substituted "Attorney General" for "administrator" at the beginning of subsection (b).


Download our app to see the most-to-date content.