06 LC
37 0026
House
Bill 1374
By:
Representative Jackson of the
161st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to fair business practices, so as to require retail
businesses to refund cash or credit card charges on certain consumer purchases;
to provide for a definition; to provide for penalties; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to fair business practices, is amended by adding a new Code
section to read as follows:
"10-1-393.8.
(a)
As used in this Code section, the term 'merchant' means any person who offers
goods, wares, or merchandise for sale in this state to the public and shall
include an employee of a merchant.
(b)
A merchant shall be prohibited from denying a consumer a cash refund or refund
to the
consumeŕs
credit card, depending on method of payment, upon return of goods, wares, or
merchandise in same condition as purchased within 72 hours of such purchase,
provided the total of such purchase is $1,000.00 or less.
(c)
A merchant shall be in violation of this Code section if the consumer is
required to accept an in-store credit.
(d)
Any merchant who violates the provisions of this Code section shall be subject
to the penalties provided in this
part."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.