Fair Business Practices Act

Atlanta Attorneys Representing People in Fair Business Practices Act Claims

Georgia businesses typically advertise and operate in a manner that they believe will give them an edge over their competitors. While companies are permitted to engage in tactics to increase revenue, they cannot employ deceptive or unfair practices, and if they do, it may constitute a violation of Georgia’s Fair Business Practices Act. If you have questions regarding how you can protect your rights in a Fair Business Practices Act lawsuit, it is in your best interest to consult an attorney as soon as possible. At Poole Huffman, our Atlanta business litigation lawyers are adept at handling complex claims, including those arising out of the Fair Business Practices Act, and if you hire us, we will work tirelessly to aid you in your pursuit of justice. We regularly represent parties in Fair Business Practices Act claims and other business disputes in metro Atlanta, Decatur, and throughout Georgia.

Georgia’s Fair Business Practices Act

Georgia’s Fair Business Practices Act (FBPA) prohibits unfair and deceptive practices in business transactions, particularly in consumer transactions involving the sale, lease, or rental of goods, services, or property for personal, family, or household purposes. Specifically, the FBPA bars businesses from engaging in behavior that misleads or deceives consumers. This includes false advertising, misleading statements, and fraudulent representations. The law also prohibits unfair practices that harm consumers and businesses, such as unfair competition, unfair pricing, and unfair contract terms.

The FBPA also expressly deems certain activities unlawful. These activities include misrepresenting goods or services as those of another company, falsely claiming the origin of goods, misrepresenting used items as new, making false claims about the quality or grade of goods or their style or model, spreading false or misleading information about another business or its offerings, engaging in deceptive advertising practices like “bait-and-switch,” advertising products without sufficient stock to meet expected demand without stating the limited quantities, and making false or misleading statements about sale prices.

Claims Under Georgia’s Fair Business Practices Act

The FBPA provides a private right of action, allowing consumers and legitimate businesses to sue for damages and injunctive relief. The Attorney General may initiate legal action when there is a significant public interest at stake as well. Notably, however, claims under the FBPA may not be brought in a representative capacity, meaning that class action claims cannot be filed on behalf of a group of consumers who have allegedly been similarly harmed by a business’s unfair or deceptive practices.

At least 30 days before pursuing a claim under the FBPA, a plaintiff must send a written notice to the business detailing the alleged unfair or deceptive business practice the business adopted and the harm the plaintiff experienced. Upon receiving the notice, the business has the option to propose a settlement, which the consumer can accept or decline. If the consumer rejects the offer, they can proceed with the lawsuit. If a party brings a claim under the FBPA as a counterclaim in response to being sued by a business, though, they are not obligated to provide a preliminary notice before taking legal action.

To establish a violation of the FBPA, a plaintiff must show that the defendant engaged in an unfair or deceptive practice and that the plaintiff suffered harm as a result. Remedies available under the FBPA include actual damages, treble damages for willful violations, injunctive relief to stop the unfair or deceptive practices, and attorney’s fees and costs. Georgia courts also have the authority to issue orders prohibiting future violations of the FBPA.

Speak to an Assertive Atlanta Business Litigation Attorney

Georgia businesses have a legal obligation to operate in an honest and transparent manner to avoid causing consumers and other companies harm, and if they employ deceitful practices, they may be liable for damages under the Georgia Fair Business Practices Act claims. If you need assistance with a Georgia Fair Business Practices Act claim, you should speak to an attorney about your options. At Poole Huffman, our assertive Atlanta lawyers have ample experience helping individuals and companies protect their interests in civil claims, and if you engage our services, we will work diligently to help you seek a favorable result. We frequently represent individuals and businesses in Fair Business Practices Act claims in metro Atlanta, Decatur, and throughout Georgia. We also aid parties with business litigation issues in cities throughout DeKalb, Cobb, Fulton, and Gwinnett Counties. You can contact us at 404-373-4008 or through our online form to set up a confidential conference.

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