Georgia § 16-9-155 Penalties

Georgia Statutes

§ 16-9-155 — Penalties

Georgia § 16-9-155

Title16

This text of Georgia § 16-9-155 (Penalties) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 16-9-155 (2026).

Text

(a)Any person who violates the provisions of paragraph (2) of Code Section 16-9-152 , subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153 , or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.

(b)The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:

(1)A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;

(2)Costs and reasonable attorney's fees; and (3) An order to enjoin the vio

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(a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152 , subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153 , or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both. (b) The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following: (1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations; (2) Costs and reasonable attorney's fees; and (3) An order to enjoin the violation. (c) In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following: (1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call; (2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls; (3) Costs and reasonable attorney's fees; and (4) An order to enjoin the violation. (d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following: (1) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations; (2) Costs and reasonable attorney's fees; and (3) An order to enjoin the violation.