Georgia’s Fair Business Practices Act, O.C.G.A. Section 10-1-390 et seq. is complicated and complex. The Fair Business Practices Act is the act that governs business interactions with consumers in certain scenarios and specifically prohibits unfair business acts by the business in a consumer transaction. That in and of itself is a complex analysis.
Was this a business transaction? Was it a business-to-consumer transaction? Was it in the consumer marketplace? Does the alleged activity violate the act?
All Fair Business Practices Act claims must begin with a notice from the claimant to the wrongdoer outlining certain things that the wrongdoer did wrong and what the claimant believes they are entitled to. If you have been served with one of those notices, it is critically important that you contact an attorney immediately because you have rights, including rights to respond to the notice and what should be included in your response.
This often happens in motor vehicle cases where dealers or finance companies are served with Fair Business Practices Act notices by plaintiffs or plaintiffs’ attorneys. Do not sit on that. Do not let the 30-day deadline expire. We regularly represent clients in Fair Business Practices Act litigation, whether in state or Superior Court.
These cases can be very contentious and there is a lot of risk to the dealer in Fair Business Practices Act complaints. In fact, if a dealer is found willfully liable, they can be hit with damages up to three times the actual amount of damage plus incidental fees like Attorney’s fees. So these cases can become very messy very quickly.
Fair Business Practices Act claims are not the kinds of cases that an attorney with no experience in the FBPA should be handling. If you have been served with an FBPA notice or a lawsuit filed under the Fair Business Practices Act or alleging claims of violation of the act, contact Lefkoff Law today so that we may review your notice and or your complaint and determine the right strategy to help you moving forward. These cases are our bread and butter and what we do day in, day out.
If you are dealing with an FBPA claim, contact us today.