Georgia`s legislative history strongly supports the applicability of the PCPA in personal injury cases where the underlying transaction falls within the scope of the law and where there is evidence of a sufficient causal link between the fraudulent or dishonest act and the violation. Violations of these laws often give rise to litigation. Businesses must ensure that they operate at all times within the legal limits of this important piece of legislation to avoid the possibility of being sued under any of these laws. Cases in other states that have similar laws have included hazardous product designs, inadequate warnings about product safety risks, and a variety of unfair or misleading actions or practices by banks, insurance companies, mortgage companies, real estate agents, and many types of businesses and professionals. However, Georgian law excludes regulated enterprises such as liability insurance under the Fair Trade Practices Law. Georgia`s do-not-call list is now part of the National Do Not Call Number Registry, which is enforced by the Federal Trade Commission and the Federal Communications Commission. The federal government may impose penalties if telemarketers ignore or circumvent our laws that protect you from invasion of privacy. Georgia`s main UDAP law is the Fair Business Practices Act (“FBPA”). The FBPA provides both a private right of action by which individual consumers can claim damages and an administrative procedure by which the Attorney General`s Consumer Protection Unit (the “CPU”) can investigate and determine whether a company has engaged, participated in or is about to engage in illegal practices. The Act contains, by way of example, a long list of actions and practices declared unfair or misleading.

Most people are familiar with the Federal Trade Commission Act; However, few people are aware of the additional protections for legitimate consumers and businesses offered at the state level. In general, state and federal consumer protection laws are referred to as unfair and deceptive acts and practices (“UDAP”) laws. The case analysis includes a careful assessment of how the unfair or misleading act or practice affects the public interest and how it contributed to the immediate cause of the offence. Pope McGlamry has successfully represented many consumers who have been harmed by fraudulent business practices across the country, and our lawyers are vigorously investigating other claims. For a confidential assessment of the case, please call Pope McGlamry today (Atlanta-877-285-7656 or Columbus-877-265-7656) or contact us online. If the CPU determines that a company is in violation of the FBPA, the Attorney General may, upon notification and possibility of administrative hearing, issue an order prohibiting any further violation of the FBPA, impose a civil penalty of up to $2,000.00 per violation, and/or require the Company to pay a refund to affected consumers. While these amounts may seem relatively small, violations tend to accumulate rapidly. For example, if a company`s website contains three claims classified as a violation by the Attorney General and each claim is published for 30 days, the resulting order can identify 90 separate violations (or up to $180,000.00 in penalties). Typically, courts don`t leave consumers out of offers that are generally considered “bad deals” because the buyer has remorse or has a smart sales pitch. However, there are times when consumers have been scammed about a product or left in the dark about certain terms of the contract.

When companies use deception against consumers, there are various laws that those consumers can use to hold those companies accountable for their behavior. In general, business practices are partially regulated by the Federal Trade Commission (FTC). The FTC has stated that deceptive marketing practices are those that violate common law public policy. In particular, deceptive marketing practices are unethical or fraudulent acts that significantly harm consumers or competing businesses. Even if such deception is unintentional, the law allows consumers legal and fair remedies. The acts that may give rise to a complaint of deceptive marketing practices are: Private remedies for persons who have suffered harm or prejudice as a result of an unfair or misleading act or practice include: (a) a fair injunction; (b) general damage caused as a result of the infringement; (c) reasonable attorneys` fees and costs of proceedings if the defendant fails to make a reasonable offer of settlement within 30 days of receiving a written request for compensation by registered mail. The Fair Trade Practices Act (FBPA) is perhaps the strongest consumer protection law in the state of Georgia, although it is often misunderstood, abused and underutilized. It is based on the Model Law on Unjust and Deceptive Acts and Practices, which most U.S. jurisdictions adopted in one form or another in the 1970s.

The FBPA prohibits “unfair or misleading acts and practices” in a variety of commercial or commercial transactions. While the general label for laws prohibiting deceptive marketing practices is Unfair and Deceptive Acts and Practices (UDAP), each state has its own specific consumer protection law. For example, the Georgia Fair Business Practices Act (FBPA) prohibits deceptive marketing practices in consumer transactions, but litigation against companies that engage in such deception can be complicated and time-consuming. While the courts have specific guidelines and requirements as to the types of lawsuits that can be brought under the FBPA, Pope McGlamry`s experienced lawyers have extensive experience and resources to help you get the justice you deserve. Consumers who successfully make a claim for violation of the FBPA may be granted an injunction, general damages incurred as a result of the Company`s unfair or misleading practices, and reasonable attorneys` fees and litigation costs. Exemplary damages may also be awarded if the breach is due to intentional breaches. Fraudulent business practices may result in criminal or civil lawsuits seeking damages, including punitive damages. The Lanham Act allows in some cases the recovery of three times the amount of the actual damages. A lawsuit against a company for illegal practices usually involves injunctions or injunctions prohibiting the continuation of deceptive business practices, and a penalty with fines, damages, and even jail time. The Georgian Law on Telephone Numbers prohibits telemarketers who sell a product or service from communicating with households that have chosen to include their telephone number on the list of telephone numbers not to call. According to the FBPA, any unfair or misleading practice in the conduct of transactions, actions or consumer practices is illegal. In addition, the FBPA provides a non-exhaustive list of actions and practices considered illegal.

These actions include, but are not limited to: Any other act or practice prohibited or declared misleading by any other law or regulation, or that a court or jury deems unfair or misleading, may be included in the FBPA. .