Consumer Protection Complaint

IN THE SUPERIOR COURT OF [____________________] COUNTY
STATE OF GEORGIA

Civil Action File No. [____________________]

COMPLAINT FOR VIOLATION OF THE GEORGIA FAIR BUSINESS PRACTICES ACT

O.C.G.A. § 10-1-390 et seq.

DEMAND FOR TRIAL BY JURY

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Conditions Precedent
7. Cause of Action — Georgia Fair Business Practices Act
8. Damages and Equitable Relief
9. Prayer for Relief
10. Jury Demand
11. Optional Verification
12. Signature Block

1. DOCUMENT HEADER

1.1 Effective Date. This Complaint is filed as of ___ [DATE] ___ (the “Effective Date”).

1.2 Governing Law. All claims asserted herein arise under, and are governed by, the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq., other applicable Georgia statutory and common law, and the Georgia Constitution.

1.3 Nature of Action. Plaintiff seeks the private remedies authorized by O.C.G.A. § 10-1-399 for injury caused by unfair or deceptive consumer acts or practices. This template must not be used for a claim under O.C.G.A. § 10-1-393.20, which the 2025 amendment limits to public enforcement by the Attorney General.

2. DEFINITIONS

For ease of reference, the following capitalized terms are used herein as indicated:

“Act” means the Georgia Fair Business Practices Act, O.C.G.A. § 10-1-390 et seq.

“Consumer Transaction” means the [describe transaction—sale/lease of goods, services, etc.] entered into on or about ___ [DATE] ___ between Plaintiff and Defendant.

“Defendant” means [DEFENDANT NAME] and all of its officers, directors, employees, agents, parents, subsidiaries, affiliates, predecessors, successors, and assigns.

“Plaintiff” means [PLAINTIFF NAME], an individual Georgia resident and purchaser of the Consumer Transaction.

3. JURISDICTION AND VENUE

3.1 Personal Jurisdiction. Defendant is [a Georgia resident / a Georgia entity / a nonresident subject to O.C.G.A. § 9-10-91]. For a nonresident, plead the applicable statutory ground and its connection to this action: [transacted business in Georgia / committed the tortious act or omission in Georgia / caused tortious injury in Georgia by an out-of-state act while regularly doing or soliciting business, engaging in a persistent course of conduct, or deriving substantial Georgia revenue / other applicable ground].

3.2 Subject-Matter Jurisdiction. O.C.G.A. § 10-1-399 authorizes suit in a court having jurisdiction over Defendant. This Superior Court has jurisdiction under article VI, section IV, paragraph I of the Georgia Constitution and has exclusive jurisdiction over the equitable injunctive relief requested here.

3.3 Venue. Venue is proper in this County under [SELECT THE RULE THAT MATCHES THE DEFENDANT]: [for a corporation, O.C.G.A. § 14-2-510(b)(1), (2), (3), or (4), identifying the registered office, contract location, office/business connection, or county where the tort cause originated; note the corporation’s removal right if venue rests solely on (b)(4)]; [for a nonresident under the long-arm statute, O.C.G.A. § 9-10-93, because a substantial part of the business was transacted or the tortious act, omission, or injury occurred here]; or [other entity- or defendant-specific venue authority: ____________________]. O.C.G.A. § 9-10-91 governs personal jurisdiction, not venue.

4. PARTIES

4.1 Plaintiff. Plaintiff is a natural person residing at ___ [ADDRESS] ___, is of legal age, and purchased the Consumer Transaction primarily for personal, family, or household purposes.

4.2 Defendant. Defendant is a [corporation/LLC/etc.] organized under the laws of [STATE] with its principal place of business at ___ [ADDRESS] ___ and may be served with process through its registered agent, ___ [NAME & ADDRESS] ___.

5. FACTUAL ALLEGATIONS

5.1 On ___ [DATE] ___, Plaintiff visited Defendant’s place of business/website and was presented with representations that the [product/service] was “[SPECIFIC REPRESENTATION].”

5.2 Relying on these representations, Plaintiff purchased the [product/service] for $___ [PRICE] ___.

5.3 Contrary to Defendant’s representations, the [product/service] was [defective/not as described/etc.].

5.4 Plaintiff notified Defendant of the defects on ___ [DATE] ___, but Defendant failed and refused to provide a refund, repair, or replacement within a reasonable time.

5.5 Defendant’s conduct was intentional, willful, and part of a pattern of similar misconduct toward consumers in Georgia.

6. CONDITIONS PRECEDENT

6.1 At least 30 days before filing, Plaintiff delivered to Defendant a written demand for relief that identified Plaintiff and reasonably described the unfair or deceptive act or practice and the injury suffered, as required by O.C.G.A. § 10-1-399(b). A copy and proof of delivery are attached as Exhibit A.

6.2 The demand was delivered on [DATE]. Defendant [made no written tender / made the written tender attached as Exhibit B, which Plaintiff rejected because: ____________________]. Plaintiff acknowledges that a court may limit recovery to a rejected tender if it finds the tender reasonable in relation to the injury actually suffered.

6.3 [IF CLAIMING THE STATUTORY EXCEPTION] The demand requirement does not apply because Defendant maintains neither a place of business nor assets in Georgia. State the supporting facts: [____________________].

6.4 This action is timely under O.C.G.A. § 10-1-401 because Plaintiff filed it within two years after Plaintiff knew or should have known of the alleged violation [or within two years after termination of the identified State proceeding, if later].

7. CAUSES OF ACTION

COUNT I – Violation of Georgia Fair Business Practices Act

(§ 10-1-390 et seq.)

7.1 Plaintiff realleges and incorporates by reference Sections 1 through 6 above.

7.1A Plaintiff brings this claim individually and not in a representative capacity, as required by O.C.G.A. § 10-1-399(a).

7.2 Defendant’s acts and omissions constitute unfair or deceptive acts or practices in violation of O.C.G.A. § 10-1-393.

7.3 Defendant’s conduct caused Plaintiff the following injury or damage: [DESCRIBE AND QUANTIFY THE CAUSALLY CONNECTED LOSS].

7.4 Defendant’s violation was intentional because [PLEAD FACTS SHOWING INTENT; DO NOT RELY ON A CONCLUSION]. Subject to the demand-and-tender provisions of § 10-1-399(b), § 10-1-399(c) requires three times actual damages for an intentional violation.

7.5 Plaintiff also seeks equitable injunctive relief and the general and exemplary damages authorized by § 10-1-399(a), with exemplary damages limited to an intentional violation.

7.6 Under § 10-1-399(d), if the Court finds a violation, the injured person is awarded reasonable attorney’s fees and litigation expenses, subject to the statute’s limitations after rejection of a reasonable settlement offer and its adverse fee provision for bad-faith or harassing continuation.

7.7 Within 20 days after filing this Complaint, Plaintiff will serve the Attorney General by certified or registered mail or statutory overnight delivery with a copy of this Complaint, as required by O.C.G.A. § 10-1-399(g). Plaintiff will likewise serve any amended complaint within 20 days after filing it.

8. DAMAGES AND EQUITABLE RELIEF

8.1 Actual Damages. $[____________________], calculated as follows: [____________________].

8.2 Treble Damages. Three times actual damages for an intentional violation under O.C.G.A. § 10-1-399(c), subject to subsection (b).

8.3 Attorney’s Fees and Expenses. Reasonable attorney’s fees and litigation expenses under O.C.G.A. § 10-1-399(d), subject to its settlement-offer limitations.

8.4 Exemplary Damages. Exemplary damages under O.C.G.A. § 10-1-399(a) only if the violation was intentional.

8.5 Injunctive Relief. Preliminary and permanent injunction prohibiting Defendant from engaging in further unlawful conduct.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff on Count I;
B. Award actual and general damages in an amount to be determined at trial;
C. Award three times actual damages pursuant to O.C.G.A. § 10-1-399(c) if the Court finds an intentional violation;
D. Award exemplary damages to the extent authorized by O.C.G.A. § 10-1-399(a);
E. Award Plaintiff reasonable attorney’s fees, costs, and expenses;
F. Grant equitable injunctive relief as authorized by O.C.G.A. § 10-1-399(a); and
G. Award such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right under the Constitution and laws of the State of Georgia.

11. OPTIONAL VERIFICATION

[USE ONLY IF VERIFICATION IS REQUIRED OR COUNSEL ELECTS TO VERIFY.] I, [PLAINTIFF NAME], being duly sworn, state that I am the Plaintiff, that I have read this Complaint, and that its factual allegations are true and correct based on my personal knowledge, except matters stated on information and belief.

_____________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me
this ___ day of __________, 20___.

_____________________________
Notary Public
My Commission Expires: __________

12. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20___.

___[LAW FIRM NAME]___
By: __________________________
[ATTORNEY NAME]
Georgia Bar No. ________
[ADDRESS]
[PHONE] • [EMAIL]
Counsel for Plaintiff

SOURCES AND VERIFICATION NOTE

• Current consolidated O.C.G.A. §§ 10-1-399 and 10-1-401 were verified through the 2024 Justia Georgia Code mirror because the official Georgia Code interface was not retrievable through the required fetch tool.
• The 2024 amendment adding § 10-1-399(g) is reflected in the consolidated text.
• The 2025 amendment was verified against official enrolled S.B. 213: § 10-1-399(a) now begins “Except as otherwise provided,” and new § 10-1-393.20 is enforceable only publicly by the Attorney General.