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Current as of March 28, 2024 | Updated by FindLaw Staff
(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. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.
Cite this article: FindLaw.com - Georgia Code Title 10. Commerce and Trade § 10-1-438 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-10-commerce-and-trade/ga-code-sect-10-1-438/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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