Title 10, Chapter 1, Section 392
(a) As used in this part, the term:
(1) "Administrator" means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate.
(1.1) "Campground membership" means any arrangement under which a
purchaser has the right to use, occupy, or enjoy a campground
(1.2) "Campground membership facility" means any campground
facility at which the use, occupation, or enjoyment of the
facility is primarily limited to those purchasers, along with
their guests, who have purchased a right to make reservations at
future times to use the facility or who have purchased the right
periodically to use the facility at fixed times or intervals in
the future, but shall not include any such arrangement which is
regulated under Article 5 of Chapter 3 of Title 44.
(1.3) "Career consulting firm" means any person providing services
to an individual in conjunction with a career search and
consulting program for the individual, including, but not limited
to, counseling as to the individual's career potential, counseling
as to interview techniques, and the identification of prospective
employers. A "career consulting firm" shall not guarantee actual
job placement as one of its services. A "career consulting firm"
shall not include any person who provides these services without
charging a fee to applicants for those services or any employment
agent or agency regulated under Chapter 10 of Title 34.
(2) "Consumer" means a natural person.
(2.1) "Consumer acts or practices" means acts or practices
intended to encourage consumer transactions.
(2.2) "Consumer report" means any written or other communication
of any information by a consumer reporting agency bearing on a
consumer's creditworthiness, credit standing, or credit capacity
which is used or intended to be used or collected in whole or in
part for the purpose of serving as a factor in establishing the
consumer's eligibility for:
(A) Credit or insurance to be used primarily for personal,
family, or household purposes; or
(B) Employment consideration.
(2.3) "Consumer reporting agency" or "agency" means any person
which, for monetary fees, dues, or on a cooperative nonprofit
basis, regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer
reports to third parties.
(3) "Consumer transactions" means the sale, purchase, lease, or
rental of goods, services, or property, real or personal,
primarily for personal, family, or household purposes.
(4) "Documentary material" means the original or a copy, whether
printed, filmed, or otherwise preserved or reproduced, by whatever
process, including electronic data storage and retrieval systems,
of any book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or record wherever situate.
(5) "Examination" of documentary material means inspection, study,
or copying of any such material and the taking of testimony under
oath or acknowledgment in respect of any such documentary
(5.1) "File" means, when used in connection with information on
any consumer, all of the information on that consumer recorded or
retained by a consumer reporting agency regardless of how the
information is stored.
(5.2) "Going-out-of-business sale" means any offer to sell to the
public or sale to the public of goods, wares, or merchandise on
the implied or direct representation that such sale is in
anticipation of the termination of a business at its present
location or that the sale is being held other than in the ordinary
course of business and includes, without being limited to, any
sale advertised either specifically or in substance to be a sale
because the person is going out of business, liquidating, selling
his or her entire stock or 50 percent or more of his or her stock,
selling out to the bare walls, selling because the person has lost
his or her lease, selling out his or her interest in the business,
or selling because everything in the business must be sold or that
the sale is a trustee's sale, bankrupt sale, save us from
bankruptcy sale, insolvent sale, assignee's sale, must vacate
sale, quitting business sale, receiver's sale, loss of lease sale,
forced out of business sale, removal sale, liquidation sale,
executor's sale, administrator's sale, warehouse removal sale,
branch store discontinuance sale, creditor's sale, adjustment
sale, or defunct business sale.
(6) "Health spa" means an establishment which provides, as one of
its primary purposes, services or facilities which are purported
to assist patrons to improve their physical condition or
appearance through change in weight, weight control, treatment,
dieting, or exercise. The term includes an establishment
designated as a "reducing salon," "health spa," "spa," "exercise
gym," "health studio," "health club," or by other terms of similar
import. A health spa shall not include any of the following:
(A) Any nonprofit organization;
(B) Any facility wholly owned and operated by a licensed
physician or physicians at which such physician or physicians
are engaged in the actual practice of medicine; or
(C) Any such establishment operated by a health care facility,
hospital, intermediate care facility, or skilled nursing care
(6.1) "Marine membership" means any arrangement under which a
purchaser has a right to use, occupy, or enjoy a marine membership
(6.2) "Marine membership facility" means any boat, houseboat,
yacht, ship, or other floating facility upon which the use,
occupation, or enjoyment of the facility is primarily limited to
those purchasers, along with their guests, who have purchased a
right to make reservations at future times to use the facility or
who have purchased a right to use periodically, occupy, or enjoy
the facility at fixed times or intervals in the future, but shall
not include any such arrangement which is regulated under Article
5 of Chapter 3 of Title 44.
(6.3) "Office" means any place where business is transacted, where
any service is supplied by any person, or where any farm is
(6.4) "Office supplier" means any person who sells, rents, leases,
or ships, or offers to sell, lease, rent, or ship, goods,
services, or property to any person to be used in the operation of
any office or of any farm.
(6.5) "Office supply transactions" means the sale, lease, rental,
or shipment of, or offer to sell, lease, rent, or ship, goods,
services, or property to any person to be used in the operation of
any office or of any farm but shall not include transactions in
which the goods, services, or property is purchased, leased, or
rented by the office or farm for purposes of reselling them to
(7) "Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association, or any
other legal entity.
(7.1) "Prize" means a gift, award, or other item intended to be
distributed or actually distributed in a promotion.
(8) "Promotion" means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 10-1-393 shall not constitute the payment of money.
(9) "Trade" and "commerce" mean the advertising, distribution,
sale, lease, or offering for distribution, sale, or lease of any
goods, services, or any property, tangible or intangible, real,
personal, or mixed, or any other article, commodity, or thing of
value wherever situate and shall include any trade or commerce
directly or indirectly affecting the people of the state.
(b) An "intentional violation" occurs when the person committing the act or practice knew that his or her conduct was in violation of this part. Maintenance of an act or practice specifically designated as unlawful in subsection (b) of Code Section 10-1-393 after the administrator gives notice that the act or practice is in violation of the part shall be prima-facie evidence of intentional violation. For the purposes of this subsection, the administrator gives notice that an act or practice is in violation of this part by the adoption of specific rules promulgated pursuant to subsection (a) of Code Section 10-1-394 and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this part; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this state with sufficient assets to respond to a judgment under this part, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the administrator.