The Fair Business Practices Act

Macon Business Lawyers Tenaciously Protecting Consumers

The Fair Business Practices Act (FBPA) may be one of the most intensive laws protecting Georgia consumers on the books. However, it is often entirely underutilized and is generally not well understood by most people. The FBPA, unlike fraud claims or mere Lemon Law claims, works against deceptive practices in a variety of trade and commerce transactions. Fortunately, our Macon FBPA attorneys can help you to address these matters with experience and skill.

What Is the Fair Business Practices Act?

Georgia's Fair Business Protection Acts (O.C.G.A. § 10-1-390) protects consumers and business from any unfair or deceptive practices during any trade or commerce.

Some of the transactions which this statute protects against include the following:

• Career consulting firms
• Health spas
• Campground and marina memberships
• Advertising of 976 phone numbers
• Long-term care facilities
• Solicitations for telephone directory listings
• Going-out-of-business sales
• Promotional giveaways and contests
• Personal care homes
• Home health services
• Vacation giveaways
• Sale of frame-damaged automobiles
• Misuse of credit card information by merchants
• Sale of boats with undisclosed hidden damage

What Is the Statute of Limitations on Georgia’s Fair Business Practices Act?

Although the statute is worded to include all of these transactions and more, Georgia courts have limited it to transactions that may affect the public in some way, as opposed to private transactions. These could include the private buying or selling of a vehicle, farm, or home between individuals.

What Could Happen to Those Found in Violation of the FBPA?

If violated, the FBPA may utilize the Office of Consumer Affairs to take action against deceptive, unfair business practice.

If an individual feels they have been wronged in accordance with the practices outlined in the FBPA, they could seek out any of the following:

• Equitable injunctive relief.
• General damages sustained due to the violation.
• Attorney's fees and expenses of litigation if the defendant fails to offer a reasonable settlement within 30 days of a written demand for relief.
• Exemplary damages and treble damages, if a violation can be proven intentional.

If you have fallen victim to a deceptive or unfair act or practice by a merchant, then our Macon FBPA lawyers stand prepared to assist you. Call us today at (478) 202-7050 to schedule your free case evaluation!