Georgia Fair Business Practices Act, civil action by individuals

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What follows is LexLint's own research summary of this law, not legal advice.

Commencement not set.

An enforcement supervision rule binding private bodies.

As of 2 September 2026.

What it requires

Expect a Georgia consumer harmed by a deceptive or unfair act or practice, including a misrepresentation about data collection or protection, to be able to sue individually for injunctive relief and damages under the Fair Business Practices Act.
Do not treat the absence of a private right of action under the Personal Identity Protection Act's breach-notification duty as immunity from suit. A breach involving a deceptive or unfair practice can still be pursued under the Fair Business Practices Act.
Expect exemplary damages and full attorneys' fees where a violation is found intentional.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Who enforces it

Enforcement body

None; enforced exclusively by the private plaintiff under this Code Section. The Fair Business Practices Act's separate Attorney General enforcement power, including injunctive relief and a civil penalty of up to $25,000 per violation of an injunction, proceeds under O.C.G.A. §§ 10-1-397 and 10-1-405, not this civil action provision.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Any person who suffers injury or damage from a consumer act or practice that violates the Georgia Fair Business Practices Act may bring an individual civil action, though not a class action, to obtain equitable injunctive relief and to recover general and exemplary damages, with exemplary damages available only for an intentional violation and the court awarding three times actual damages for an intentional violation.

A prevailing injured party is also entitled to reasonable attorneys' fees and expenses of litigation, though fees incurred after rejecting a reasonable written settlement offer within 30 days of the required pre-suit demand are excluded, and fees shift against a plaintiff who continues an action after such a rejection in bad faith or to harass.

This private right of action is separate from, and broader in subject matter than, the Personal Identity Protection Act's breach-notification duty, which itself creates no private right of action.

When LexLint raises it

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Read the law

official Code of Georgia Annotated text, hosted by the Georgia Attorney General's Consumer Protection Division

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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