CHAPTER 1 - SELLING AND OTHER TRADE PRACTICES
- ARTICLE 1 - RETAIL INSTALLMENT AND HOME SOLICITATION SALES
- § 10-1-1 - Short title
- § 10-1-10 - Disposition of goods repossessed after default; right to recover deficiency
- § 10-1-11 - Second mortgage statute not affected; exemption from loan and interest statutes
- § 10-1-12 - Prior contracts or accounts not affected
- § 10-1-13 - Waiver of this article void
- § 10-1-14 - Limitation of actions
- § 10-1-15 - Criminal and civil penalties
- § 10-1-16 - Inapplicability of this article to educational entities and student loan transactions
- § 10-1-2 - Definitions; construction
- § 10-1-3 - Requirements for retail installment contracts; time price differential; prepayment; inclusion of construction permit costs
- § 10-1-4 - Requirements for revolving accounts; limitations on time price differential
- § 10-1-5 - Mail order and telephone sales
- § 10-1-6 - Buyer's right to cancel home solicitation sale
- § 10-1-7 - Providing for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees
- § 10-1-8 - Security interest not taken on certain items; application of payments to revolving accounts; written agreements
- § 10-1-9 - Transfer of retail installment contracts or revolving accounts
- ARTICLE 2 - MOTOR VEHICLE SALES FINANCING
- § 10-1-30 - Short title
- § 10-1-31 - Definitions; construction
- § 10-1-32 - Requirements for retail installment contracts; insurance; delinquency charges, attorneys' fees, and costs; receipts
- § 10-1-33 - Finance charge limitations; assignment of contract
- § 10-1-33.1 - Advancement of money for satisfaction of lease, lien, or security interest in motor vehicle
- § 10-1-34 - Right to prepay debt; credit upon anticipation of payments
- § 10-1-35 - Refinancing retail installment contract
- § 10-1-36 - Disposition of motor vehicle repossessed after default; right to recover deficiency
- § 10-1-36.1 - Assertion of violation on loan or contract secured by motor vehicle only in individual action
- § 10-1-37 - Waiver of this article void
- § 10-1-38 - Criminal and civil penalties
- § 10-1-39 - Additional definitions
- § 10-1-40 - Unlawful inducement of motor vehicle buyer or lessee under contract to sublease vehicle; unlawful offering of vehicle for hire by sublessee
- § 10-1-41 - Actions brought by persons suffering damage against person inducing unlawful sublease of motor vehicle; remedies
- § 10-1-42 - Advancement of money to satisfy lease, lien, or security interest in motor vehicle; inclusion in gross capitalized cost
- ARTICLE 3 - UNSOLICITED MERCHANDISE
- ARTICLE 4 - FURNISHING NAMES OF PROSPECTIVE PURCHASERS
- ARTICLE 5 - LABELING REMANUFACTURED OR REBUILT ITEMS
- ARTICLE 6 - INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS
- ARTICLE 7 - SALE OF PAINTS AND FLAXSEED OR LINSEED OIL
- § 10-1-120 - "Paint" defined
- § 10-1-121 - Enforcement of article; rules and regulations
- § 10-1-122 - Labels on paint containers
- § 10-1-123 - Purity of flaxseed or linseed oil; requirement for boiled linseed oil
- § 10-1-124 - Flaxseed or linseed oil to be sold under true name; labeling tank cars, tanks, barrels, or vessels of such oil
- § 10-1-125 - Possession of improperly labeled article prima-facie evidence of violation
- § 10-1-126 - Requirements for timber-marking paint; penalty for violation; enjoining violation
- § 10-1-127 - Penalty for sale of deceptively labeled paint
- ARTICLE 8 - SALE OF PETROLEUM PRODUCTS, BRAKE FLUID, AND ANTIFREEZE
- ARTICLE 9 - GASOLINE MARKETING PRACTICES
- § 10-1-230 - Short title
- § 10-1-231 - Legislative findings
- § 10-1-232 - Definitions
- § 10-1-233 - Acts of distributor violating article
- § 10-1-234 - Selling controlled product to another distributor for retail sale; selling to other dealers at distress prices
- § 10-1-234.1 - Suppliers may not inhibit gasoline distributors from being blenders
- § 10-1-235 - Action by dealer against distributor for violation of article authorized; nature of relief; attorneys' fees
- § 10-1-236 - Action by dealer against distributor for violation of article -- Defense of termination of agreement
- § 10-1-237 - Action by dealer against distributor for violation of article; notice of termination prior to expiration; when premises must be vacated
- § 10-1-238 - Action by distributor against dealer for breach of agreement; attorneys' fees
- § 10-1-239 - Limitation of actions
- § 10-1-240 - Marketing agreements subject to article
- § 10-1-241 - Sale of real property not affected
- ARTICLE 9A - BELOW COST SALES
- § 10-1-250 - Short title
- § 10-1-251 - Definitions
- § 10-1-252 - Reasonable transfer price
- § 10-1-253 - Computation of cost
- § 10-1-254 - Prohibited acts in sale of octane or cetane fuels; burden of rebutting prima-facie case
- § 10-1-255 - Civil actions; effect of written tender of settlement; limitation of actions
- § 10-1-256 - Declaration of legislative intent in construing Code Section 10-1-254
- ARTICLE 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS
- § 10-1-260 - Short title
- § 10-1-261 - Legislative finding
- § 10-1-262 - "Liquefied petroleum gas" defined
- § 10-1-263 - State fire marshal to enforce article
- § 10-1-264 - Assistants and employees of state fire marshal
- § 10-1-265 - Rules and regulations setting standards for liquefied petroleum gas equipment
- § 10-1-266 - Issuance of licenses or permits; annual fees
- § 10-1-267 - Insurance or bond requirements for license or permit holders
- § 10-1-268 - Minimum storage facilities required
- § 10-1-269 - Suspension or revocation of license or imposition of penalty by state fire marshal
- § 10-1-270 - Conflicting local ordinances or regulations prohibited
- § 10-1-271 - Reciprocal agreements with other states
- § 10-1-272 - Penalty for violating article or rules and regulations
- ARTICLE 11 - BIDDING BY MOTION PICTURE EXHIBITORS
- ARTICLE 12 - TICKET SCALPING
- ARTICLE 13 - BOOK, PERIODICAL, OR NEWSPAPER TIE-IN SALES
- ARTICLE 14 - SECONDARY METALS RECYCLERS
- § 10-1-350 - Definitions
- § 10-1-351 - Record of transactions
- § 10-1-352 - Inspections by law enforcement officers
- § 10-1-352.1 - Payment by recyclers for copper property, catalytic converters, or aluminum property
- § 10-1-353 - Hold on regulated metal property believed to be stolen; notice; release of hold
- § 10-1-354 - Contesting identification or ownership of regulated metal property; action to recover property
- § 10-1-355 - Purchases of regulated metal property exempted from application of article
- § 10-1-356 - Prohibited acts
- § 10-1-357 - Penalties for violations
- § 10-1-358 - Superseding nature of this article
- ARTICLE 14A - FLEA MARKET VENDORS' RECORD KEEPING
- ARTICLE 15 - DECEPTIVE OR UNFAIR PRACTICES
- ARTICLE 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES
- ARTICLE 17 - RIGHTS IN WORKS OF FINE ART
- ARTICLE 17A - CONSIGNMENT OF ART
- § 10-1-520 - Short title
- § 10-1-521 - Definitions
- § 10-1-522 - Delivery of artwork to dealer for exhibition or sale in exchange for compensation constituting consignment
- § 10-1-523 - Written contract required for consignment of work of art; violation by art dealer rendering artist's obligation voidable
- § 10-1-524 - Effects of consignment
- § 10-1-525 - Art received as consignment to remain trust property; not subject or subordinate to claims, liens, or security interests
- § 10-1-526 - Contractual waiver of liability for works of art consigned to cooperative
- § 10-1-527 - Use or display of work of art or photograph thereof
- § 10-1-528 - Applicability to contracts executed prior to July 1, 1995
- § 10-1-529 - Liability for violations by art dealers
- ARTICLE 17B - GEORGIA MUSEUM PROPERTY
- § 10-1-529.1 - Short title
- § 10-1-529.2 - Definitions
- § 10-1-529.3 - Accuracy of museum or archive records
- § 10-1-529.4 - Abandonment of property loaned to a museum or archives repository; museum acquisition of abandoned property
- § 10-1-529.5 - Acquisition of undocumented property
- § 10-1-529.6 - Application of conservation measures to property on loan to museum or archives
- § 10-1-529.7 - American Indian human remains and burial objects excluded
- ARTICLE 18 - AUCTIONEERS
- ARTICLE 19 - SUNDAY MOTION PICTURE SHOWS AND ATHLETIC EVENTS
- ARTICLE 20 - COMMON DAY OF REST
- § 10-1-570 - Short title
- § 10-1-571 - Definitions
- § 10-1-572 - Legislative intent
- § 10-1-573 - Employees to be given benefit of day of rest
- § 10-1-574 - General exemptions from article
- § 10-1-575 - Charitable or religious activities exempt
- § 10-1-576 - Governmental departments, agencies, and employees exempt
- ARTICLE 21 - BUYING SERVICES
- § 10-1-590 - Short title
- § 10-1-591 - Definitions
- § 10-1-592 - Buying services and clubs to obtain licenses
- § 10-1-593 - Conditions of licensure; bonds
- § 10-1-594 - Application for license; renewal; fee
- § 10-1-595 - Revocation, suspension, and nonrenewal of licenses; grounds; notice and hearing
- § 10-1-596 - Contracts of membership; approval of form by administrator; effect of noncompliance
- § 10-1-597 - Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable
- § 10-1-598 - Contracts of membership; requirements; notice; effect of noncompliance
- § 10-1-599 - Contracts of membership; authorized duration; notice thereof
- § 10-1-600 - Records to be kept; inspection thereof
- § 10-1-601 - Rules and regulations; orders
- § 10-1-602 - Application of "Georgia Administrative Procedure Act" and "Fair Business Practices Act of 1975."
- § 10-1-603 - Injunctions
- § 10-1-604 - Civil penalty for violation; administrative hearing and review; judicial review; judgment on final order; remedy concurrent, alternative, and cumulative
- § 10-1-605 - Penalty
- ARTICLE 22 - MOTOR VEHICLE FRANCHISE PRACTICES
- PART 1 - GENERAL CONSIDERATION
- PART 2 - MOTOR VEHICLE DEALER'S DAY IN COURT
- PART 3 - MOTOR VEHICLE WARRANTY PRACTICES
- PART 4 - MOTOR VEHICLE FRANCHISE CONTINUATION AND SUCCESSION
- PART 5 - MOTOR VEHICLE FAIR PRACTICES
- PART 6 - ENFORCEMENT OF ARTICLE BY COMMISSIONER OF MOTOR VEHICLE SAFETY
- PART 7 - IMPAIRMENT OF OBLIGATIONS
- ARTICLE 22A - MARINE MANUFACTURERS
- ARTICLE 22B - RECREATIONAL VEHICLE DEALERS
- § 10-1-679 - Definitions; considerations in determining "good cause"
- § 10-1-679.1 - Legislative purposes and policies
- § 10-1-679.10 - Required specification of obligation for warranty service; compensation; time allowances; reimbursement for warranty parts; denial of claims; violations; damage to new recreational v
- § 10-1-679.11 - Remedy for violations
- § 10-1-679.12 - Violations deemed irreparable injuries for the purpose of determining whether a temporary injunction should be issued
- § 10-1-679.13 - Requirements for new dealerships
- § 10-1-679.14 - Franchise agreement required for the sale or distribution of recreational vehicles; exceptions; enforcement
- § 10-1-679.15 - Violations
- § 10-1-679.2 - Designation of area of sales responsibility assigned to a recreational vehicle dealer; change in assignment
- § 10-1-679.3 - Published prices, charges, and terms of sale
- § 10-1-679.4 - Termination or change of dealership agreements; burden of proving good cause
- § 10-1-679.5 - Notice required for termination of or substantial change to dealership agreements
- § 10-1-679.6 - Repurchase of inventory, equipment tools, accessories, and signage on termination of the dealership contract; reimbursement for accessories and parts returned
- § 10-1-679.7 - Unlawful coercive practices
- § 10-1-679.8 - Sale or transfer of ownership or change in management of dealerships; unlawful practices; required notices
- § 10-1-679.9 - Requirement for dealers' opportunity to designate successors; requirement to honor succession; grounds for objection to succession
- ARTICLE 23 - LEASE-PURCHASE AGREEMENTS
- § 10-1-680 - Short title
- § 10-1-681 - Definitions
- § 10-1-682 - Requirements for written statement of agreement
- § 10-1-683 - Advertisements
- § 10-1-684 - Prohibited agreement provisions
- § 10-1-685 - Purchase of insurance; early termination or return of items; fees
- § 10-1-686 - Right to reinstatement of agreement by lessee failing to make timely payments; fees; substitute items
- § 10-1-687 - Penalties; grace period for compliance
- § 10-1-688 - Limitation of actions
- § 10-1-689 - Example of form
- ARTICLE 24 - WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL
- ARTICLE 25 - RETAIL PETROLEUM PRODUCT DEALERS
- ARTICLE 26 - MULTILINE HEAVY EQUIPMENT DEALERS
- § 10-1-730 - Short title
- § 10-1-731 - Definitions
- § 10-1-732 - Unilateral amendment, cancellation, termination, refusal to renew, or causing resignation from agreement for good cause
- § 10-1-733 - Notice of intent to amend, terminate, cancel, or decline to renew agreement; time within which dealer may rectify condition; contract for transfer of business; immediate termination, am
- § 10-1-734 - Consent to transfer of dealer's business; notice of withholding of consent; assumption of transferor's obligations and rights; burden of proving justification for denying consent
- § 10-1-735 - Mailing of notice
- § 10-1-736 - When change in dealer's management or personnel may be required or prohibited
- § 10-1-737 - Article deemed incorporated in agreements subject to it; waiver of compliance; good faith settlements of disputes
- § 10-1-738 - Good faith, fair dealing, and reasonableness requirements
- § 10-1-739 - Venue; equitable relief; recovery of losses and damages for violation of Code Sections 10-1-732 and 10-1-734; when supplier may not cancel, terminate, or refuse to renew agreement
- § 10-1-740 - Applicability of article
- ARTICLE 27 - TRADE SECRETS
- ARTICLE 28 - GEORGIA LEMON LAW
- § 10-1-780 - Short title
- § 10-1-781 - Legislative intent
- § 10-1-782 - Definitions
- § 10-1-783 - Provision of owner's manual and notice of rights; fully itemized and legible repair order; copies of reports
- § 10-1-784 - Reasonable attempts to correct nonconformity; option to repurchase or replace vehicle
- § 10-1-785 - Compelled replacement or repurchase through arbitration; manufacturer's informal dispute settlement mechanism; revocation of mechanism
- § 10-1-786 - Request for arbitration; determination of eligibility; notifications; timing; requirements for decision
- § 10-1-787 - Finality of arbitrator's decision; appeals by manufacturers; time for compliance with arbitrator's decision
- § 10-1-788 - Exhaustion of remedies under article required
- § 10-1-789 - Establishment of motor vehicle arbitration panel; compensation; conduct; liability
- § 10-1-790 - Requirements for transfer of reacquired vehicle
- § 10-1-791 - Consumer fees to implement provisions of article; enforcement
- § 10-1-792 - Other rights and remedies
- § 10-1-793 - Violations constitute unfair and deceptive act or practice; cumulative effect
- § 10-1-794 - Staff for administration
- § 10-1-795 - Promulgation of rules and regulations
- § 10-1-796 - Severability
- § 10-1-797 - Consumer cannot waive rights
- ARTICLE 29 - FARM TRACTOR WARRANTY ACT
- § 10-1-810 - Short title
- § 10-1-811 - Definitions
- § 10-1-812 - Written notice of warranty supplied by manufacturer and presented by dealer to consumer at time of purchase
- § 10-1-813 - Opportunity to make repairs in order to conform to express written warranties
- § 10-1-814 - Replacement of or refund for nonconforming farm tractor; limitation of liability
- § 10-1-815 - Extension of period for reporting nonconformity and of 30 day repair period
- § 10-1-816 - Informal dispute settlement procedures; remedy for violation
- § 10-1-817 - Affirmative defenses against claims
- § 10-1-818 - Statute of limitations
- § 10-1-819 - Other remedies and rights not limited by article
- ARTICLE 30 - BEAUTY PAGEANTS
- § 10-1-830 - Definitions
- § 10-1-831 - Required information from operators
- § 10-1-832 - Bond requirements
- § 10-1-833 - Exemptions from bond requirements
- § 10-1-834 - Cancellation or default; refund of entrants' fees
- § 10-1-835 - Civil violation; remedies
- § 10-1-836 - Criminal violation
- § 10-1-837 - Escrow account
- § 10-1-838 - Liability for failure to post bond or establish escrow account
- ARTICLE 31 - UNFAIR OR DECEPTIVE PRACTICES TOWARD THE ELDERLY
- § 10-1-850 - Definitions
- § 10-1-851 - Additional civil penalty for violation of Article 15, 17, or 21 of this chapter against elder or disabled persons
- § 10-1-852 - Determination to impose civil penalty and amount thereof
- § 10-1-853 - Cause of action for damage or injury from offense or violation under this article
- § 10-1-854 - State-wide educational initiatives as to consumer crimes against elder and disabled persons, applicable laws, and remedies available
- § 10-1-855 - Referral procedures to provide intervention and assistance
- § 10-1-856 - Construction with Part 2 of Article 15 of this chapter; confidentiality
- § 10-1-857 - Complaints, inquiries, investigations, and corrective action
- ARTICLE 32 - ASSISTIVE TECHNOLOGY WARRANTIES
- § 10-1-870 - Short title
- § 10-1-871 - Definitions
- § 10-1-872 - Express written warranties for assistive technology devices
- § 10-1-873 - Repair of nonconforming assistive technology devices; refund or replacement of devices; sale or lease of returned device
- § 10-1-874 - Thirty-day return privilege
- § 10-1-875 - Rights and remedies under other laws or contracts; waivers void; actions for damages
- ARTICLE 33 - MOTORIZED WHEELCHAIR WARRANTIES
- § 10-1-890 - Short title
- § 10-1-891 - Definitions
- § 10-1-892 - Express written warranties for motorized wheelchairs; failure to furnish warranty
- § 10-1-893 - Repair of nonconforming motorized wheelchairs; refund or replacement after reasonable attempt to repair; resale or lease of returned motorized wheelchair
- § 10-1-894 - Other rights or remedies under other law or contract; waiver void; action for damages
- ARTICLE 34 - IDENTITY THEFT
- § 10-1-910 - Legislative findings
- § 10-1-911 - Definitions
- § 10-1-912 - Notification required upon breach of security regarding personal information
- § 10-1-913 - Definitions for this Code section and Code Section 10-1-914
- § 10-1-914 - Consumer requested security freeze on credit report; timing; notifications; temporary lifting of freeze; application; fees
- § 10-1-915 - Notice of right to security freeze