Georgia § 10-1-372 - When trade practices are deceptive; common-law and other remedies unaffected.

§ 10-1-372. When trade practices are deceptive; common-law and other remedies unaffected.

A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: Passes off goods or services as those of another; Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another; Uses deceptive representations or designations of geographic origin in connection with goods or services; Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand; Represents that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another; Disparages the goods, services, or business of another by false or misleading representation of fact; Advertises goods or services with intent not to sell them as advertised; Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding. In order to prevail in an action under this part, a complainant need not prove competition between the parties or actual confusion or misunderstanding. This Code section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state. (Ga. L. 1968, p. 337, § 2.) Cross references. - Criminal penalties for unauthorized reproduction and sale of recorded materials, § 16-8-60 . Criminal penalty for deceptive business practices, § 16-9-50 . Fraud generally, § 23-2-50 et seq. Misbranding of food generally, § 26-2-28 . Labeling of meat, §§ 26-2-107 , 26-2-111 , 26-2-112 . Misbranding of drugs, § 26-3-8 . Misbranding and false advertisement of cosmetics, § 26-3-12 et seq. Time-share program sales, deceptive practices, § 44-3-185 et seq. Law reviews. - For comment, "The Georgia Fair Business Practices Act: Business As Usual," see 9 Ga. St. U.L. Rev. 453 (1993).