Violations of Article; Penalties

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  1. Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor.
  2. Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this article or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this article.
  3. Any person injured as a result of a violation of this article may bring an action against that person, corporation, or business entity violating this article for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees.
  4. An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither residing nor maintaining an office in this state, in the Superior Court of Fulton County.
  5. All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law.

(Code 1981, §26-4-148, enacted by Ga. L. 1998, p. 686, § 1.)


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