This article shall be known and may be cited as the “Buying Services Act of 1975.” History. Ga. L. 1975, p. 529, § 1; Ga. L. 2015, p. 1088, § 6/SB 148. Editor’s notes. Ga. L. 2015, p. 1088, § 6/SB 148, effective July 1, 2015, reenacted this Code section without change.
As used in this article, the term: “Attorney General” means the Attorney General or his or her designee. “Business day” means any day other than a Saturday, Sunday, or legal holiday. “Buying service,” “buying club,” or “club” means any corporation, partnership, unincorporated association, or other business enterprise which is organized with the primary purpose of […]
No buying service or club nor any officer, official, employee, or agent thereof shall sell, advertise, or solicit the sale or purchase of memberships or contracts within this state without having first obtained a license to do business in this state from the Attorney General. History. Ga. L. 1975, p. 529, § 3; Ga. L. […]
As a condition to the issuance or retention of a license required by this article, each buying service or club shall: Comply with such reasonable conditions for the issuance of a license as may be required by the Attorney General pursuant to this article; Maintain a bond in the amount of $25,000.00 with a surety […]
Application for a license as a buying service or club shall be made on forms prescribed by the Attorney General and shall contain such information and supporting documents as he may require. Licenses shall be issued for a period of one year and shall be renewable within 90 days preceding the expiration thereof. The fee […]
Licenses issued under this article may be revoked, suspended, or not renewed by the Attorney General for: Any violation of the substantive provisions of this article; A violation of any rule or regulation issued by the Attorney General pursuant to this article; or A violation of any law of this state. Licenses shall be revoked […]
No contract of membership shall be used by any buying service or club unless such contract is first approved by the Attorney General as to form. Any contract or agreement used in violation of this Code section shall be null, void, and of no effect. History. Ga. L. 1975, p. 529, § 7; Ga. L. […]
Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12:00 Midnight of the third business day following the date on which membership was attained. Notice of cancellation may be given personally or by mail. If given by mail, the […]
A copy of every contract shall be delivered to the member at the time the contract is signed. Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract, and must state, clearly and conspicuously in boldface type of a minimum size of […]
No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member to convert his or her contract into a contract for a period longer than 18 months after the member has been a member of the club for […]
Each buying service or club licensed in this state shall keep and maintain: Accurate accounts, books, and records of all transactions in this state; Copies of all agreements; Dates and amounts of payments made and accepted thereon; and The names and addresses of all members in this state. Such accounts, books, and records shall be […]
The Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall apply to the promulgation of rules and regulations by the Attorney General pursuant to this Code section. […]
Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall apply to all actions and proceedings of an administrative nature taken by the Attorney General pursuant to this article, except where the Attorney General is acting under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.” A violation […]
In addition to any other proceedings authorized by this article, the Attorney General may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued or enforced by the Attorney General pursuant to this article. History. Ga. L. […]
In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the Attorney General may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, […]
Any person, firm, corporation, organization, partnership, entity, buying club, or buying service violating any provision of this article shall be guilty of a misdemeanor. History. Ga. L. 1975, p. 529, § 15; Ga. L. 2015, p. 1088, § 6/SB 148. Editor’s notes. Ga. L. 2015, p. 1088, § 6/SB 148, effective July 1, 2015, reenacted […]
Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, […]
