www.GADA.com | 91 Newspapers, periodicals, radio and television stations that disseminate advertisements for others shall have responsibility for the content of advertisements if they prepare the advertisements, have a direct financial interest in the advertised product or service, and have knowledge of the false, misleading or deceptive character of the advertisement. It shall not be a defense in any action under this part that others were, are, or will be engaged in like practices.1 IV. FAIR BUSINESS PRACTICES ACT PROVISIONS A. Common Violations [O.C.G.A. § 10-1-393(a) and (b)]. The first two sections of O.C.G.A. § 10-1-393 outline those acts and practices that violate the Fair Business Practices Act. Section (a) is a general statement that all unfair and deceptive acts in the conduct of trade and commerce are unlawful, while section (b) provides a list of acts and practices that would violate the Fair Business Practices Act. The following excerpts from sections (a) and (b) are not inclusive, but are provisions that are especially relevant to automobile advertising. O.C.G.A. § 10-1-393(a): Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful. O.C.G.A. § 10-1-393(b): By way of illustration only and without limiting the scope of subsection (a) of this Code Section, the following practices are declared unlawful: 1. Passing off goods or services as those of another [O.C.G.A. § 10-1-393(b)(1)]; 2. Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services [O.C.G.A. § 10-1- 393(b)(2)]; 3. Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another [O.C.G.A. § 10-1-393(b)(3)]; 4. Using deceptive representations or designations of geographic origin in connection with goods or services [O.C.G.A. § 10-1-393(b)(4)]; 5. Representing 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 or she does not have [O.C.G.A. § 10-1-393(b)(5)]; 6. Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand [O.C.G.A. § 10-1-393(b)(6)]; 7. Representing 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 [O.C.G.A. § 10-1393(b)(7)]; 8. Disparaging goods, services, or business of another by false or misleading representation [O.C.G.A. § 10-1-393(b)(8)]; 9. Advertising goods or services with intent not to sell them as advertised [O.C.G.A. § 10-1393(b)(9)]; 10. Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity [O.C.G.A. § 10-1393(b)(10)]; 11. Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions [O.C.G.A. § 10-1-393(b)(11)]; 12. Failure to comply with the federal statutes governing odometers and odometer disclosure statements [O.C.G.A. § 10-1-393(b)(15)]; 13. Failure to comply with the provisions concerning promotions [O.C.G.A. § 10-1- 393(b)(16)]. Promotions are covered in Section VI.(D) of the policies; 14. Failure to comply with the FBPA provisions concerning representations in connection with a vacation, holiday, or items using similar terms [O.C.G.A. § 10- 1-393(b)(22)]; 1 GA. CODE ANN. § 10-1-399(f) (2007).
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