Georgia Deceptive Trade Practices Act Claims
In a previous article I discussed the Fair Business Practices Act. Now lets turn to the Georgia Deceptive Trade Practices Act. As an Atlanta litigation attorney, this act allows for a wide range of differnt types of plaintiffs to file suit. Any person likely to be injured by a deceptive trade practice can file suit. While the Act itself does not contain a stuate of limitation, Georgia courts have applied a four year statute of limitation to these claims. To state a claim under the Act, you must show a likely damage from a deceptive or potentially confusing trade practice and justifable reliance. The Act itself lists eleven types of conduct that will be considered deceptive or confusing practices.
As an Atlanta business attorney, it is imprtant to know what type of remedies are available under the Act. Unfortunately, the only rememdy under a Deceptive Trade Practices Act claim is an injunction stopping the practice from occuring in the future. No general damages are allowed. However, the plaintiff can be compensated for his attorney’s fees and costs in having to bring the action if he prevails. Fortunately, no pre-suit notice is required before filing suit under the Act.
It should be kept in mind that one of the best defenses to a claim under the Act is that the conduct in question is in compliance with an order or rule of a statute administered by a government agency. This is because certain types of conduct that are adequately regulated by a government entity do not fall under the Act. As an Atlanta attorney, I find it important to know the difference between Fair Business Practices Act and Deceptive Trade Practices Act claims.
