The Georgia Governor's Office of Consumer Affairs [1997]

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The Georgia Governor's Office of
Consumer Affairs 000
Barry W. Reid. Administrator

The Georgia Governor's Office of Consumer Affairs
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DCA's mission is to enforce Georgia's Fair Business Practices Act and other consumer protection laws. For over 20 years OCA has emphasized the concept of fairness in the marketplace - fairness for both consumers and businesses, It's our strong belief that being pro-consumer is also being pro-business. Through the years OCA has met the challenge presented to us by victims of consumer fraud by sWiftly addressing the schemes devised by unscrupulous individuals. To do so is to create a level playing field for everyone in the marketplace, OCA truly believes that the effective and efficient administration of Georgia's consumer laws will create a better quality of life for all Georgians.
BarryW Reid
Line An u,ed by permission Df Lord Aeck & Sargent

What Is The Georgia Governor's Office Of Consumer Affairs?
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legislation passed by the Georgia General Assembly in 1975 created the position of the Administrator of the Fair Business Practices Act.
The Administrator and his staff are referred to as the Office of Consumer Affairs or OCA. The Office of Conswner Affairs enforces the Fair Business Practices Act and other consumer protection laws.
The Office represents the interests of the consuming public and provides information and consumer education materials to educate consumers about their rights and responsibilities in the marketplace.
The Office also mediates consumer complaints. investigates and addresses consumer problems. takes necessary civil action against offending businesses and recommends consumer protection legislation.
The Office also has criminal jurisdiction in the areas of telemarketing. home repair or home improvement fraud, and fraud committed using a computer or a computer network such as the Internet.
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Which Consumer Protection Laws Does The Office Enforce?
o fair Business practices Act
This law prohibits unfair and deceptive acts or practices in the marketplace. Examples of unlawful activities covered under the Fair Business Practices Act include:
Passing off goods or services as those of another.
For example. representing that a product or service is manufactured or provided by company X, when in fact it is manufactured or provided by company Y.
Claiming that goods come from a particular place. when in fact they do not.
For example. representing that products are manufactured in the U.S.A. when they are manufactured elsewhere.
Kepresenting that goods are new, when in fact they are used.
Claiming falsely that products or services are of a particular quality or grade. or that goods are a certain style or modeL
For example. selling gold jewelry as 14 K. when in fact it is 10 K.

Making false or misleading statements about another business or its goods or services.
Advertising goods or services with the intent not to sell them as advertised.
For example. "bait and switch".
Advertising goods or services without having enough merchandise on hand to meet expected demand. unless the advertisement states "quantities limited."
Making false or misleading statements about sale prices.
For example, advertising "On Sale Today Only,' when in fact the item has been offered at that price for the past month.
The Fair Business Practices Act also contains specific provisions relating to:
HealthlFitness Spas
Office Supply Transactions
Career Consulting Firms
Advertisements for 900 Telephone Numbers
Promotional Contests or Giveaways
Going-Out-Of-Business Sales
Privacy Protection When Using a Check or Credit Card
Foreclosure Fraud
Vacation Prize Offerings

Advertisements for Personal Care Homes and Home Health Care Agencies
Hospital Inpatient Billing
Odometer Tampering
Campground and Marine Memberships
Disclosure Information on Envelopes Containing Commercial Solicitations
Consumer Reporting Agencies
The Office pursues matters under this Act in which the Administrator has determined that there is a substantial public interest.
o Charitable Solicitations Act
This law applies the standards of the Fair Business Practices Act to charitable solicitations.
o Sale ofBusiness Opportunities and Multilevel Distribution Companies Act
Consumers who purchase certain business opportunities or join certain multilevel distribution companies must be given specific information prior to signing a contract. Additionally. the contract must contain specific provisions which detail the terms and conditions of payment by the consumer. the goods or services provided by the

company and the approximate delivery date for these goods or services. Some business opportunities and multilevel companies are not covered by this law.
Business opportunity companies sell or lease to consumers the right to
start a business identical to the parent company. The consumer purchases products, equipment. supplies. or
services from the company.
Multilevel distribution is a form of retailing in which a participant earns a commission on the products or services sold and on the products sold by the participants they recruit into the distributorship.
o Buying Services Act
-Buying clubs:' charge a fee to join and offer merchandise to members at below-retail prices. A buying club must purchase an annual license. offer consumers a three-day membership cancellation period. and maintain a $25,000 bond for the protection of consumers.
o Motor Vehicle Warranry Rights Act, or ''Lemon Law"
This law prOVides a complaint process for consumers who experience continuing problems with new motor vehicles which were purchased, leased or registered in Georgia on or after July L 1990. If the manufacturer has failed to repair a recurring problem with a new car after a reasonable number of repair attempts, the consumer, upon meeting certain eligibility

requirements. may apply for a state arbitration hearing.
A state arbitration panel hears the consumer's complaint to decide if the consumer is entitled to a replacement vehicle or a refund. Specific information about eligibility requirements and the Lemon Law process is available from the Office.
Copies of any of the statutes discussed above can be purchased from the Office of Consumer Affairs. or accessed on our web site: www.state.qa.us/gaoca
What Other Types Of Consumer Protection Does The Office Afford?
Consumers' Utility Counsel
The Consumers' Utility Counsel division of the Office of Consumer Affairs provides consumer protection to residential and small business ratepayers of electric, gas and telecommunications utilities in the State of Georgia. This division serves as the attorney for the class of residential and small business consumers in proceedings before the Georgia Public Service Commission. the courts and federal administrative agencies. Residential and small business ratepayers comprise the largest percentage of rate-payers in Georgia but do not have any private group or funding with which to protect their interests in regulatory proceedings. Most other rate-payer classes do have private organizations representing their interests.

The Consumers' Utility Counsel division has been designated and funded to represent this class of ratepaying consumers. Since its inception in 1975. this division has literally saved consumers millions of dollars in reducing utility companies' requests for rate increases. It is working to make sure that consumer interests are protected as utilities transition from monopolies to competitive companies.
In addition to the division's involvement in regulatory proce~uings. consumer complaints regarding gas, electricity and teleconununications are either handled by this office or referred to the proper agency. Billing disputes. disconnection of services or unauthorized provision of service. and allegations of unfair and deceptive acts and practices are just a few of the types of complaints received.
Consumer Education
The Office of Consumer Affairs believes that consumers who are educated about fraudulent practices or forewarned against a particular scam can better protect themselves from becoming a victim. In an effort to create a more informed marketplace, office personnel often appear on television and radio talk shows and present consumer education programs to schools, professional organizations. community and civic groups. Thousands of issue specific or industry specific brochures are disseminated each year. The Office has created a WEB site on the Internet. found at www.state.ga.us/gaoca which allows immediate access to consumer protection information.

The Governor's Office of Consumer Affairs CAN:
Investigate conswner complaints.
Mediate disputes between consumers and businesses.
Obtain reimbursement from businesses
for conswner losses.
Obtain settlements from businesses regarding future activity in the marketplace.
Issue fines of $2.000 per violation, per day against businesses that violate conswner protection laws.
Seek enhanced or "double" penalties for those violations directed against elderly or disabled persons.
Order businesses to stop any unfair or deceptive activities by issuing cease and desist orders.
File legal action against businesses or individuals operating in violation of Georgia laws, seeking injunctive relief. civil penalties up to $5,000 per violation per day and other remedies as appropriate.
Pursue criminal charges against individuals or companies which commit fraud through telemarketing. home improvement or repair schemes or through the use of a computer or computer network

The Governor's Office of Consumer Affairs CANNOT:
Give legal advice, or act as a consumer's private attorney.
Provide information concerning the reputation of a particular busines~ or individual; however. Better Business Bureaus may provide this information.
Handle a complaint filed by one business against another. except in very limited circurnstances.
Handle a complaint where another state or federal government agency has primary authority. The Office refers consumers it cannot assist to the appropriate agency, Magistrate's Court or private counseL
What Should You Do If You Have A Complaint?
The first step in any complaint process is to discuss the problem with the business. Try to speak with a manager or the owner about the problem and follow-up by sending a certified letter confirming all details of the conversation. Keep records of all conversations you have with the business and any letters you may send to or receive from the business.
If direct contact with the business does not solve the problem and the problem is one that appears to fall under one of the laws described

above, the Office of Consumer Affairs may be able to help you. You must file your complaint in writing before the Office can review the problem and assist you.
The complaint should include:
1. A brief description of the problem. Your full name, address, home and work telephone nurr,bers.
2. The full name, address. and telephone number of the business.
3. Copies (do not send originals) of any related materials to verify the complaint. such as receipts, canceled checks, warranties. contracts, or advertisements.
Mail your complaint to:
The Georgia Governor's Office of Consumer Affairs
2 M.L. King Jr. Dr. S.E., Suite 356
Atlanta, Georgia 30334
The Office of Consumer Affairs reviews all written complaints. responds to the consumer, and takes action as appropriate.

How Can You Be A More Successful Consumer?
Before buying:
Avoid ~too good to be true" offers. Read and understand a contract before you sign it.
Compare prices and quality of goods or services before buying.
Be aware of all terms and conditions of the company's refund or cancellation policy. Proceed cautiously in those instances where refunds or cancellations are not aVailable.
Get a written estimate of repair costs.
Never pay money in order to collect a "prize" you have won.
Find out about your rights under the law.
Check the reputation of a company before doing business with it.
While buying:
Do not be pressured into signing or bUying anything. Take time to consider all facts before making a decision and be suspicious of a salesperson who insists that you must decide inunediately if you want to take advantage of the offer.
Never make a purchase out of sympathy for the salesperson.

Never sign blank or incomplete contracts.
Never accept verbal guarantees or warranties in place of written ones.
Use caution when giving out credit card or bank account nwnbers.
After buying:
Keep copies of all contracts. receipts. warranties. and guarantees.
Do not be embarrassed to complain if you are not satisfied.

Governor's Office of Consumer Affairs
2 M.L. King. Jr. Dr.. Suite 356 Atlanta. Georgia 30334
404-651-8600 / 800-869-1123

Governor's Office of Consumer Affairs
2 M.L. King, Jr. Dr.. Suiie 356 Atlanta, Georgia 30334