Fair Business Practices Act in Georgia
In summary the Fair Business Practices Act claim is an action by an individual who is injured when a defendant breaches a duty to the general consuming public. It is not intended to be applied by businesses against competitors. To be actionable, the defendant’s actions must have an “impact” on the marketplace. As an atlanta business attorney, it is important to know the difference between this type of claim and others available to a business client to seek relief from the practices of a competitor. In these claims, only a natural personal can bring a fair business practices act claim. In addition, if the damage suffered is solely to the plaintiff and therefore, has no potential to damage other consumers, the Act does not apply.
There is a two year statute of limitation on such actions. Atlanta business litigation lawyers should be mindful of this statute of limitation. The act complained of in these claims must be unfair or deceptive. The statute lists thirty four practices or acts that are unfair or deceptive however this list is not all inclusive and instead is for illustration purposes only. In addition, the deceptive act must be part of a consumer transaction which is defined in the statute.
The defendant must also be found to have engaged in a volitional act to avail itself of the channels of consumer conduct. Law firms should be mindful that this does not mean you must allege intent to defraud. Intent is not a necessary requirement in these claims.
