Georgia § 44-3-195 - Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney's fees.

§ 44-3-195. Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney's fees.

Except that violations of Code Section 44-3-188 shall be subject only to the remedies available under paragraph (16) of subsection (b) of Code Section 10-1-393, any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor except in the case the violation causes loss in excess of $5,000.00, then said person shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than three years. Each violation of this article shall constitute a separate offense. Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or Attorney General or both may in his or her discretion apply to any court of competent jurisdiction in this state, including the Superior Court of Fulton County, for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant. Any person who violates this article shall be liable in damages to any person or class of persons injured thereby. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees. (Code 1981, § 44-3-202 , enacted by Ga. L. 1983, p. 1255, § 1; Code 1981, § 44-3-195 , as redesignated by Ga. L. 1995, p. 1260, § 1.) Editor's notes. - Ga. L. 1995, p. 1260, § 1, repealed former Code Section 44-3-195 , relating to authority to establish fees, effective July 1, 1995, and renumbered former Code Section 44-3-202 as Code Section 44-3-195 . Former Code Section 44-3-195 was based on Code 1981, § 44-3-195, enacted by Ga. L. 1983, p. 1255, § 1.