Enforcement; Relief From Damages

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Bad Faith Assertions of Patent Infringement
  6. Enforcement; Relief From Damages

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  1. A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act," and the enforcement against any such violation shall be by public enforcement by the Attorney General and shall be enforceable through private action.
  2. Whenever it may appear to the Attorney General that any person is using or has used any method, act, or practice declared by this article to be unlawful and that proceedings would be in the public interest, the Attorney General may bring action in a court of competent jurisdiction. Upon a showing by the Attorney General that a person has violated this article, the court may enter or grant any or all of the relief provided for in Code Section 10-1-397.
  3. Any person who suffers injury or damages as a result of a violation of this article may bring an action individually against the person or persons engaged in such violation under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant. Such relief may include:
    1. Restitution to any person or persons adversely affected by a defendant's actions in violation of this article;
    2. Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater;
    3. Expenses of litigation, including reasonable attorney's fees; and
    4. Other relief as the court deems just and equitable.
  4. Except as otherwise provided, this article is cumulative with other laws and is not exclusive.

(Code 1981, §10-1-773, enacted by Ga. L. 2014, p. 208, § 1/HB 809; Ga. L. 2015, p. 1088, § 7/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "administrator" once in subsection (a) and three times in subsection (b).


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