2020 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
§ 10-1-370. Short Title

This part shall be known and may be cited as the "Uniform Deceptive Trade Practices Act."

(Ga. L. 1968, p. 337, § 6; Ga. L. 2017, p. 774, § 10/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "This part shall be known and may be cited" for "This part may be cited" at the beginning of this Code section.

- For article, "Do's and Don'ts When Handling a Product Liability Matter in Georgia," see 25 Ga. St. B.J. 17 (Aug. 2019).

JUDICIAL DECISIONS

Analogy with Lanham Act.

- In an action by a manufacturer against a competitor under the Lanham Act (15 U.S.C. § 1125(a)) for trade dress infringement, it was error to apply the statute of limitations in the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq., since the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A.10-1-370 et seq., is the proper analogous statute to apply for such purpose. Kason Indus. v. Component Hdwe. Group, 120 F.3d 1199 (11th Cir. 1997).

- Four-year period of O.C.G.A. § 9-3-31 was applicable for purposes of the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A.10-1-370 et seq., not the 20-year period of O.C.G.A. § 9-3-22. Kason Indus. v. Component Hdwe. Group, 120 F.3d 1199 (11th Cir. 1997).

- When an employee resigned while in the process of trying to obtain certain business for the employer, and the employee formed a company, which later obtained this business, the employer did not show that the employee violated the Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., because the employer did not show that the employee caused any confusion as to the source, sponsorship, approval, or certification of goods or services. Looney v. M-Squared, Inc., 262 Ga. App. 499, 586 S.E.2d 44 (2003).

- Company's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) made applicable in bankruptcy through Fed. R. Bankr. P. 7012, was denied because nothing in the language of Georgia's Uniform Deceptive Trade Practices Act (UDTPA), O.C.G.A. § 10-1-370 et seq., required the debtor to be a consumer or required a consumer to be injured; therefore, the "consumer" issue was irrelevant to standing under the UDTPA. Johnston Indus. Ala., Inc. v. Nat'l Contract Assocs. (In re Johnston Indus.), 300 Bankr. 821 (Bankr. M.D. Ga. 2003).

- Trial court erred in denying the Georgia Lottery Corporation's motion to dismiss the appellee's claim under Georgia's Uniform Deceptive Trade Practices Act (UDTPA), O.C.G.A. § 10-1-370 et seq., as the appellee's UDTPA claim for injunctive relief against the Georgia Lottery Corporation was barred by sovereign immunity because the UDTPA did not expressly waive the state's sovereign immunity; did not specifically create a cause of action against the state; and exempted conduct in compliance with a statute administered by a state agency, and the Georgia Lottery Corporation was a state agency created by statute to administer the lottery. Ga. Lottery Corp. v. Patel, 353 Ga. App. 320, 836 S.E.2d 634 (2019).

- In an action in which an interexchange carrier asserted the carrier was not obligated to pay fees to a local carrier for misrepresented toll-free cell calls, an amendment to add claims alleging violations under the Georgia RICO Act, O.C.G.A. § 16-14-1 et seq., common law fraud, and the Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., was not futile given the court's denial of summary judgment on the local carrier's counterclaims. ITC Deltacom Communs. v. US LEC Corp., F. Supp. 2d (N.D. Ga. Mar. 15, 2004).

- Pursuant to O.C.G.A. § 10-1-374(a)(1), insurance transactions are exempt from Georgia's Uniform Deceptive Trade Practices Act (UDTPA), O.C.G.A. § 10-1-370 et seq. Claims of unfair trade practices in insurance transactions are instead governed by the Georgia Insurance Code. Northeast Ga. Cancer Care, LLC v. Blue Cross & Blue Shield of Ga., Inc., 297 Ga. App. 28, 676 S.E.2d 428 (2009), cert. denied, No. S09C1241, 2009 Ga. LEXIS 805 (Ga. 2009).

- Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., provides for injunctive relief to prevent damage caused by a deceptive trade practice, including the use of a confusingly similar trade name which infringes on a protected trade name. Relief may be obtained from the deceptive practice, whether or not the protected trade name was registered, and without proof that the alleged infringer intended to deceive the public by causing confusion. Inkaholiks Luxury Tattoos Georgia, LLC v. Parton, 324 Ga. App. 769, 751 S.E.2d 561 (2013).

- Patients' claim under the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., was properly dismissed because, pretermitting whether the patients alleged an unfair trade practice, an injunction would serve no purpose because the patients' personal information was already sold and was available on the dark web. Collins v. Athens Orthopedic Clinic, Ga. App. , S.E.2d (Sept. 25, 2020).

Cited in Benchmark Carpet Mills, Inc. v. Fiber Indus., Inc., 168 Ga. App. 932, 311 S.E.2d 216 (1983); Coin Call, Inc. v. Southern Bell Tel. & Tel. Co., 636 F. Supp. 608 (N.D. Ga. 1986); Moister v. Vickers, 176 Bankr. 287 (Bankr. N.D. Ga. 1994); Computer Currents Publishing Corp. v. Jaye Communications, Inc., 968 F. Supp. 684 (N.D. Ga. 1997); Bd. of Regents of Univ. Sys. of Ga. v. Buzas Baseball, Inc., 176 F. Supp. 2d 1338 (N.D. Ga. 2001); Morrell v. Wellstar Health Sys., Inc., 280 Ga. App. 1, 633 S.E.2d 68 (2006); Med S. Health Plans, LLC v. Life of the S. Ins. Co., F. Supp. 2d (M.D. Ga. May 19, 2008); India-American Cultural Ass'n v. iLink Professionals, Inc., 296 Ga. 668, 769 S.E.2d 905 (2015).

False Advertising Under Lanham Act § 43(a)(1)(B), 44 POF3d 1.

- Uniform Deceptive Trade Practices Act (1966 Revision) (U.L.A.) § 6.

- Right to private action under state consumer protection act - Equitable relief available, 115 A.L.R.5th 709.

Enforceability of trial period plans (TPP) under the home affordable modification program (HAMP), 88 A.L.R. Fed. 2d 331.