2019 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 15 - Deceptive or Unfair Practices
Part 1 - Uniform Deceptive Trade Practices Act
§ 10-1-372. When trade practices are deceptive; common-law and other remedies unaffected

Universal Citation: GA Code § 10-1-372 (2019)
  • (a) A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he:

    • (1) Passes off goods or services as those of another;

    • (2) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

    • (3) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another;

    • (4) Uses deceptive representations or designations of geographic origin in connection with goods or services;

    • (5) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

    • (6) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

    • (7) Represents that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another;

    • (8) Disparages the goods, services, or business of another by false or misleading representation of fact;

    • (9) Advertises goods or services with intent not to sell them as advertised;

    • (10) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

    • (11) Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or

    • (12) Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.

  • (b) In order to prevail in an action under this part, a complainant need not prove competition between the parties or actual confusion or misunderstanding.

  • (c) This Code section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.

History:

Ga. L. 1968, p. 337, ยง 2.

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