Bill Text: GA SB368 | 2009-2010 | Regular Session | Engrossed
Bill Title: Fair Business Practices Act of 1975; deceptive representation/designations of geographic origins; provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-01-01 - Effective Date [SB368 Detail]
Download: Georgia-2009-SB368-Engrossed.html
10 LC
14 0144
Senate
Bill 368
By:
Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers
of the 21st, Goggans of the 7th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating
to unfair or deceptive practices under the "Fair Business Practices Act of
1975," so as to change provisions relating to deceptive representations or
designations of geographic origin; to revise provisions relative to unlawful
telephone directory listings of nonlocal businesses; to require registration of
assumed or fictitious trade names; to prohibit the use of assumed or fictitious
trade names to intentionally misrepresent geographic origin or location; to
provide for other related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair
or deceptive practices under the "Fair Business Practices Act of 1975," is
amended by revising subparagraph (b)(4)(A) as follows:
"(4)(A)
Using deceptive representations or designations of geographic origin in
connection with goods or services. Without limiting the generality of the
foregoing, it is specifically declared to be unlawful
to violate the
provisions of paragraph (4.1) of this subsection or the following provisions of
this paragraph:
(i)
For any nonlocal business to publish in any local telephone classified
advertising directory any advertisement containing a local telephone number
or a toll-free
number for the business unless the
advertisement clearly states the nonlocal location of the business;
or
(ii)
For any nonlocal business to cause to be listed in any nonclassified advertising
local telephone directory a local telephone number for the business if calls to
the number are routinely forwarded or otherwise transferred to the nonlocal
business location that is outside the calling area covered by such local
telephone directory and the listing fails to state clearly the principal place
of business of the nonlocal business."
SECTION
2.
Said
Code section is further amended by adding a new paragraph to subsection (b) to
read as follows:
"(4.1)
Failure to comply with the following provisions relating to assumed or
fictitious trade names:
(A)
No person, partnership, limited liability company, or corporation shall conduct
or transact business in this state under any assumed or fictitious name unless
such person, partnership, limited liability company, or corporation shall sign
and acknowledge a certificate setting forth the name under which such business
is to be conducted or transacted and the names of each person, partnership,
limited liability company, or corporation owning the same, with their respective
post office and residence addresses, and:
(i)
When the partnership or limited liability company is a foreign limited
partnership or limited liability company, the date of the certificate of
registration to transact business in this state issued to it by the Secretary of
State; or
(ii)
When the corporation is a foreign corporation, the date of the certificate of
authority to transact business in this state issued to it by the Secretary of
State;
and
shall file the same in the office of the clerk of the court in which deeds are
recorded in the county or city wherein the business is to be conducted;
and
(B)
No person, partnership, limited liability company, or corporation shall use an
assumed or fictitious name in the conduct of its business to intentionally
misrepresent the geographic origin or location of any such person or
entity;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
