§ 46-4-160-5 — Retail customer recovery for violations

(a) Any retail customer who is damaged by a marketer's violation of any provision of Code Section 46-4-160 , any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to recover actual damages sustained by the retail customer, as well as incidental damages, consequential damages, reasonable attorney's fees, and court costs. (b) Any violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section is declared to be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." Any remedy available under such part shall be available to any retail customer and any action by the Attorney General that such part authorizes for a violation of such part shall be authorized for violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section. This subsection shall not be construed to provide that other violations of this article or rules promulgated under this article are not violations of such part. (c) The provisions of this Code section shall apply to violations of subsections (g) and (h) of Code Section 46-4-156 , Code Sections 46-4-158.2 , 46-4-160.1 , and 46-4-160.2 , and substantial violations of Code Section 46-4-158.3 .

Legislative History

Amended by 2015 Ga. Laws 187,§ 41, eff. 7/1/2015. Amended by 2004 Ga. Laws 564, § 46, eff. 5/13/2004. Added by 2002 Ga. Laws 499, eff. 4/25/2002.