§ 10-1-856. Construction With Part 2 of Article 15 of This Chapter; Confidentiality
Nothing in this article shall serve to prevent the Attorney General from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.” Notwithstanding any other provision of law to the contrary, the names, addresses, telephone numbers, social security numbers, […]
§ 10-1-857. Complaints, Inquiries, Investigations, and Corrective Action
The Attorney General shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Secretary of State, Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of […]
§ 10-1-850. Definitions
As used in this article, the term: “Disabled person” means a person who has a physical or mental impairment which substantially limits one or more of such person’s major life activities. As used in this paragraph, “physical or mental impairment” means any of the following: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss […]
§ 10-1-851. Additional Civil Penalty for Violation of Article 15, 17, or 21 of This Chapter Against Elder or Disabled Persons
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 […]
§ 10-1-852. Determination to Impose Civil Penalty and Amount Thereof
In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present: Whether the defendant’s conduct was in disregard of the rights of the elder or disabled persons; Whether the defendant knew or should […]
§ 10-1-853. Cause of Action for Damage or Injury From Offense or Violation Under This Article
An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to […]
§ 10-1-854. State-Wide Educational Initiatives as to Consumer Crimes Against Elder and Disabled Persons, Applicable Laws, and Remedies Available
The Attorney General may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, […]
§ 10-1-855. Referral Procedures to Provide Intervention and Assistance
The Attorney General may establish and maintain referral procedures with the Division of Aging Services within the Department of Human Services in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article. History. Code 1981, § 10-1-855 , enacted by Ga. L. […]