2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 15 - Deceptive or Unfair Practices
Part 4 - False Advertising
§ 10-1-421. False or Fraudulent Statements in Advertising Prohibited; Broadcaster or Publisher Acting in Good Faith Excepted; Penalties

1. No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto, shall make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, radio, television, or advertising device or by public outcry or proclamation or any other manner or means whatever, any statement concerning such real or personal property or services, professional or otherwise, or concerning any circumstances or matter of fact connected with the proposed performance or disposition thereof which is untrue or fraudulent and which is known or which by the exercise of reasonable care should be known to be untrue or fraudulent.
2. Nothing in this Code section shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false or fraudulent character.
3. Whoever violates this Code section shall be fined not less than $200.00 nor more than $1,000.00 or imprisoned not more than 20 days, or both.

(Ga. L. 1961, p. 197, § 1; Ga. L. 1963, p. 507, § 1.)

- Solicitation of professional employment by or on behalf of attorneys, §§ 15-19-54,15-19-55.

Prohibition against persons or organizations misleading public as to involvement with law enforcement agency, T. 35, C. 10.

Unauthorized use of terms "certified public accountant," "public accountant," etc., § 43-3-35.

Advertising for architectural services by unqualified persons, § 43-4-10.

Advertising of chiropractic services by unqualified persons, § 43-9-19.

Unauthorized use of persons' names for purpose of soliciting charitable contributions, § 43-17-12.

Advertising by dispensing opticians, § 43-29-15.

Unauthorized use of terms "M.D.," "Doctor," "Doctor of Osteopathy," etc., §§ 43-34-26,43-34-44.

Authority of Georgia Real Estate Commission to take disciplinary action against real estate brokers in connection with false, misleading, etc., advertising of property, § 43-40-25.

Time-share program false advertising prohibited, § 44-3-185.

- For note criticizing this provision and proposing an alternative, see 12 Mercer L. Rev. 360 (1961).

JUDICIAL DECISIONS

Anti-SLAPP suit involving lawyer placed ad challenging nursing home standards.

- In a suit involving ads placed by a lawyer challenging nursing home standards, the Supreme Court of Georgia held that the trial court overlooked certain preliminary questions as the court did not properly apply the required two step analysis under the anti-SLAPP statute, O.C.G.A. § 9-11-11.1, with respect to the plaintiffs' claims as there was no discussion or analysis of whether the plaintiffs had stated and substantiated a legally sufficient claim for the violations of the statutes. Wilkes & McHugh, P.A. v. LTC Consulting, L.P., 306 Ga. 252, 830 S.E.2d 119 (2019).

Cited in Southern Bell Tel. & Tel. Co. v. Associated Tel. Directory Publishers, 756 F.2d 801 (11th Cir. 1985); Gold Kist, Inc. v. ConAgra, Inc., 708 F. Supp. 1291 (N.D. Ga. 1989).

RESEARCH REFERENCES

ALR.

- Seller's advertisements as affecting rights of parties to sale of personal property, 28 A.L.R. 991; 158 A.L.R. 1413.

Legal aspects of television, 15 A.L.R.2d 785; 51 A.L.R.3d 8; 56 A.L.R.3d 386; 65 A.L.R.4th 346.

Validity and construction of regulations dealing with misrepresentation in the sale of Kosher food, 52 A.L.R.3d 959.

Application of state law to sex discrimination in employment advertising, 66 A.L.R.3d 1237.

Increase in tuition as actionable in suit by student against college or university, 99 A.L.R.3d 885.

What goods or property are "used," "secondhand," or the like, for purposes of state consumer laws prohibiting claims that such items are new, 59 A.L.R.4th 1192.

Strict products liability: product malfunction or occurrence of accident as evidence of defect, 65 A.L.R.4th 346.

Fraudulent representations concerning price, discount, condition, quality, availability or shipping costs of consumer goods and services sold on internet, 38 A.L.R.7th Art. 4.