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Section 10-1-438 - Enhanced penalties for disaster related violations; civil action authorized — Georgia Law | CourtGPT
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  5. Chapter 1 - Selling and Other Trade Practices (§§ 10-1-1 — 10-1-945)/
  6. Article 15 - Deceptive or Unfair Practices/
  7. Part 6 - Disaster Related Violations (§ 10-1-438)/
  8. Section 10-1-438 - Enhanced penalties for disaster related violations; civil action authorized
Georgia Legal Code

Section 10-1-438 - Enhanced penalties for disaster related violations; civil action authorized

(a) As used in this part, the term:(1) 'Attorney General' means the Attorney General or his or her designee.(2) 'Disaster related violation' means any violation of Part 1, 2, or 4 of this article, which violation involves: (A) The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or(B) The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.(3) 'Natural disaster' means any natural disaster for which a state of emergency is proclaimed by the Governor.(b) Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.(c) Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees.

rson who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.Amended by 2015 Ga. Laws 187,§ 5, eff. 7/1/2015.
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