Cause of Action for Individual Discriminated Against

1. Law
2. Georgia Code
3. Banking and Finance
4. Credit or Loan Discrimination
5. Cause of Action for Individual Discriminated Against

Any person denied a loan or credit solely on the basis of discrimination because of sex, race, religion, national origin, or marital status shall have a right to bring an action for damages in any court of competent jurisdiction in an individual, but not in a representative, capacity against the person, firm, or corporation violating this chapter.

(Ga. L. 1975, p. 772, § 2.)

RESEARCH REFERENCES

ALR.

- Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 A.L.R.3d 944.

Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 A.L.R.3d 351.

Requiring apology as "affirmative action" or other form of redress under State Civil Rights Act, 85 A.L.R.3d 402.

Discrimination based on marital status under Equal Credit Opportunity Act (15 U.S.C.A. §§ 1691 et seq.) as defense to liability for financial obligations, 16 A.L.R. Fed. 3d 9.

CHAPTER 6A GEORGIA FAIR LENDING ACT

Sec.

• 7-6A-1. Short title.
• 7-6A-2. (For effective date, see note.) Definitions.
• 7-6A-3. Limitations of home loans.
• 7-6A-4. "Flipping" a home loan; costs and fees.
• 7-6A-5. Limitations of high-cost home loans.
• 7-6A-6. Affirmative claims and defenses against creditors; conditions for relief; actions intending to evade chapter prohibited.
• 7-6A-7. Violation of chapter.
• 7-6A-8. Enforcement of chapter; penalties for violations.
• 7-6A-9. Terms of insurer providing insurance through financed premiums.
• 7-6A-10. Severability of chapter.
• 7-6A-11. Municipality or county not able to regulate terms of home loans.
• 7-6A-12. Application; preemption by federal law.
• 7-6A-13. Promulgation of rules and regulations; creditor's good faith reliance on guidance from department constituting prima-facie evidence of compliance.

Cross references.

- Underwriting and rate risking, § 33-24-90 et seq.

Law reviews.

- For article, "Foreclosure Diversion and Mediation in the States," see 33 Georgia St. U.L. Rev. 411 (2017). For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 14 (2002). For note on the 2003 amendments to O.C.G.A. §§ 7-6A-1 through7-6A-11, see 20 Ga. St. U.L. Rev. 1 (2003). For comment, "Amidst the Walking Dead: Judicial and Nonjudicial Approaches for Eradicating Zombie Mortgages," see 65 Emory L.J. 795 (2016).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting.

- Offenses arising under O.C.G.A. § 7-6A-1 et seq. and designated as misdemeanors under O.C.G.A. § 7-6A-8 require fingerprinting. 2002 Op. Att'y Gen. No. 2002-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d., Consumer and Borrower Protection, § 264 et seq.

17 Am. Jur. 2d, Consumer and Borrower Protection, § 292 et seq.

C.J.S.

- 59 C.J.S., Mortgages, § 32 et seq.

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