2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 31 - Unfair or Deceptive Practices Toward the Elderly
§ 10-1-851. Additional Civil Penalty for Violation of Article 15, 17, or 21 of This Chapter Against Elder or Disabled Persons

Universal Citation: GA Code § 10-1-851 (2020)

When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation.

(Code 1981, §10-1-851, enacted by Ga. L. 1993, p. 1092, § 2; Ga. L. 2015, p. 1088, § 10/SB 148.)

Editor's notes.

- Ga. L. 2015, p. 1088, § 10/SB 148, effective July 1, 2015, reenacted this Code section without change.

JUDICIAL DECISIONS

Complaint only need allege one elderly victim.

- In an action in which the plaintiff consumer filed a complaint under the Georgia Fair Business Practices Act (FBPA), O.C.G.A. § 10-1-390 et seq., and the Georgia Unfair or Deceptive Practices Toward the Elderly Act, O.C.G.A. § 10-1-850 et seq., and the lender argued for dismissal because the language of O.C.G.A. § 10-1-851 required conduct directed at more than one elderly person, the argument was rejected; § 10-1-851 required only a showing that FBPA was violated against one elderly person. Kitchen v. Ameriquest Mortg. Co., F. Supp. 2d (N.D. Ga. Apr. 29, 2005).

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