§ 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. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.

Legislative History

Amended by 2015 Ga. Laws 187,§ 5, eff. 7/1/2015.