What Consumers Should Know About Georgia’s Fair Business Practices Act
In the world of commerce, transparency and honesty are crucial for maintaining trust between businesses and consumers. In Georgia, the Fair Business Practices Act (FBPA) serves as a protective measure designed to safeguard consumers from deceptive practices in the marketplace.
Were you misled by holiday shopping advertisements or online product offers? TransUnion reported that in the 2023 holiday season, 3.6% of global e-commerce transactions were identified as potentially fraudulent. This alarming statistic is anticipated to increase in 2024, indicating a growing trend in fraudulent activities within the online retail sector.
Here’s what you need to know about the FBPA and your rights.
Overview of the Fair Business Practices Act
The Georgia Fair Business Practices Act, enacted to combat fraudulent business practices, outlines specific activities that are deemed unlawful in the marketplace. Its primary goal is to promote fair competition and protect consumers from misleading or deceptive conduct. By setting clear standards, the FBPA helps consumers make informed decisions and fosters a safer shopping environment.
The Fair Business Practices Act contains specific provisions relating to:
- Promotional contests/giveaways
- Telemarketing fraud
- Fraud committed over the Internet
- Going-out-of-business sales
If you suspect you may be a victim of deceptive practices in holiday advertising or sales, contact Conley Griggs Partin LLP in Atlanta for more information.
Key Prohibited Practices
The FBPA explicitly identifies numerous deceptive practices that are prohibited. Here are some of the most common violations consumers should be aware of:
- Misrepresenting the Maker of a Product: It is illegal for businesses to falsely represent who manufactured a product. Consumers should expect accurate information about the brand and origin of the products they purchase.
- False Claims Regarding Product Origin: Misleading consumers about where a product is made or produced can violate the FBPA. Claims of “Made in the USA” or similar assertions must be truthful and verifiable.
- Passing Used Items Off as New: Selling used or refurbished items without clearly disclosing their condition can be deemed fraudulent. Consumers deserve transparency about what they are buying.
- Misleading Information on Quality and Features: Businesses cannot exaggerate or falsify a product’s qualities or features. This includes any misrepresentation that could influence a consumer’s purchasing decision.
- Misleading Advertising Practices: Advertisements must accurately reflect the product being sold. Bait-and-switch tactics and false price statements are unlawful and can result in significant penalties for the offending business.
Your Consumer Rights Under the FBPA
As a Georgia consumer, it’s important to know your rights under the Fair Business Practices Act. If you believe you have been the victim of fraudulent practices, you have the right to:
- Report Misconduct: You can file a complaint with the Georgia Attorney General’s office if you encounter deceptive business practices.
- Seek Remedies: Consumers harmed by violations of the FBPA may seek remedies, including refunds or damages, depending on the situation.
Conley Griggs Partin LLP handles claims related to fraudulent business practices, aimed at recovering damages for our clients. We encourage you to reach out to our office to arrange a complimentary initial consultation where we can discuss the specifics of your claim. There are statutes of limitations for most business torts, so timely action is essential in pursuing your case. Contact us today to learn more.
Posted on behalf of
