Georgia 2023-2024 Regular Session

Georgia Senate Bill SB149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 149/AP~~
	1	+	23 LC 55 0055S
2	2		S. B. 149 (SUB)
3	3		- 1 -
4	4		The House Committee on Agriculture and Consumer Affairs offers the following
5	5		substitute to SB 149:
6		-	AS PASSED
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9	8		To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling1
10	9		and other trade practices, so as to enact the "Georgia Door-to-Door Sales Act"; to provide2
11	10		for a short title; to provide for definitions; to require sellers to furnish to buyers receipts and3
12	11		copies of any contracts; to require sellers to provide notice of how to cancel a sale; to restrict4
13	12		certain door-to-door sales; to regulate the use of certain forms and notices; to provide for5
14	13		certain exemptions; to provide for related matters; to repeal conflicting laws; and for other6
15	14		purposes.7
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
17	16		SECTION 1.9
18	17		Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other10
19	18		trade practices, is amended by adding a new article to read as follows:11
20	19		"ARTICLE 1A12
21	20		10-1-20.13
22		-	This article shall be known and may be cited as the 'Georgia Door-to-Door Sales Act.'14 23 ~~SB 149/AP~~
	21	+	This article shall be known and may be cited as the 'Georgia Door-to-Door Sales Act.'14 23 LC 55 0055S
23	22		S. B. 149 (SUB)
24	23		- 2 -
25	24		10-1-21.15
26	25		As used in this article, unless the context otherwise requires, the term:16
27	26		(1) 'Business days' means any calendar day except Saturdays, Sundays, and any federal17
28	27		holiday.18
29	28		(2)(A) 'Door-to-door sale' means a sale, lease, or rental of goods or services:19
30	29		(i) Solicited in person by the seller or seller's representative, including, but not20
31	30		limited to, solicitations in response to or following an invitation by the buyer;21
32	31		(ii) For which the buyer's agreement or offer to purchase is made at a place other than22
33	32		the seller's place of business; and23
34	33		(iii) That includes the following three components:24
35	34		(I) Payments of $10,000.00 or more;25
36	35		(II) A lease, financing arrangement, or other agreement with a term of more than26
37	36		120 months; and27
38	37		(III) Is eligible, or is alleged by the seller or seller's representative to be eligible, for28
39	38		federal tax credits.29
40	39		(B) 'Door-to door sale' shall not include a transaction:30
41	40		(i) Conducted without any in-person contact between the buyer and the seller or31
42	41		seller's representative prior to delivery of the goods or performance of the services;32
43	42		(ii) In which the buyer has initiated the contact and specifically requested the seller33
44	43		or seller's representative to visit the buyer's home for the purpose of repairing or34
45	44		performing maintenance upon the buyer's property. If, in the course of such a visit,35
46	45		the seller sells the buyer the right to receive additional goods or services, other than36
47	46		replacement parts necessarily used in performing maintenance or making repairs, the37
48	47		sale of those additional goods or services would not fall under this exclusion; or38
49	48		(iii) Pertaining to the sale or rental of real property or to the sale of insurance.39
50	49		(3) 'Place of business' means the main or permanent branch, office, or local address of40
51		-	a seller.41 23 ~~SB 149/AP~~
	50	+	a seller.41 23 LC 55 0055S
52	51		S. B. 149 (SUB)
53	52		- 3 -
54	53		(4) 'Purchase price' means the total price paid or to be paid for the goods or services,42
55	54		including all interest and service charges.43
56	55		10-1-22.44
57	56		(a) The seller shall furnish the buyer with a fully completed receipt of the purchase price45
58	57		or copy of the contract pertaining to any door-to-door sale at the time of its execution.46
59	58		Such receipt or contract shall:47
60	59		(1) Be in each language used in the oral sale presentation and the in-person interaction48
61	60		between seller and buyer;49
62	61		(2) Show the date of the transaction and contain the name and address of the seller;50
63	62		(3) Be in at least ten-point boldface type; 51
64	63		(4) Have adjacent to the contract's signature lines, or on the front page of the receipt if52
65	64		a contract is not used, the following statement:53
66	65		"You, the buyer, may cancel this transaction at any time prior to midnight of the54
67	66		thirtieth business day after the date of this transaction. See the attached notice of55
68	67		cancellation form for an explanation of this right."; and56
69	68		(5) Provide the buyer with a duplicate notice of cancellation as outlined in Code Section57
70	69		10-1-23.58
71	70		(b) In the event of cancellation, the buyer must be able to retain a complete copy of the59
72	71		receipt or contract.60
73	72		10-1-23.61
74	73		(a) The seller in a door-to-door sale shall provide to each buyer, at the time the buyer signs62
75	74		the door-to-door sales contract or otherwise agrees to buy goods or services from the seller,63
76	75		a notice of cancellation form meeting the requirements of subsection (b) of this Code64
77		-	section that may be used by the buyer.65 23 ~~SB 149/AP~~
	76	+	section that may be used by the buyer.65 23 LC 55 0055S
78	77		S. B. 149 (SUB)
79	78		- 4 -
80	79		(b) The form shall be captioned "NOTICE OF CANCELLATION" and shall provide the66
81	80		following information in at least ten-point boldface type:67
82	81		(1) That the buyer has 30 business days to cancel the sale;68
83	82		(2) That upon cancellation all of the buyer's payments will be returned within ten69
84	83		business days;70
85	84		(3) That the buyer may keep or dispose of the goods if the seller fails to pick them up71
86	85		within 20 business days of the date of the notice of cancellation;72
87	86		(4) The seller's name and the address or email address to which notices of cancellation73
88	87		must be sent;74
89	88		(5) That the buyer has until midnight of the thirtieth business day to cancel the75
90	89		transaction; and76
91	90		(6) A signature and date line for the buyer.77
92	91		(c) The seller shall inform the buyer orally, at the time that the buyer signs the contract or78
93	92		purchases the goods or services, of the buyer's right to cancel.79
94	93		(d) The seller shall notify the buyer within ten days of receipt of the buyer's notice of80
95	94		cancellation whether the seller intends to repossess or to abandon any shipped, delivered,81
96	95		or installed goods.82
97	96		10-1-24.83
98	97		The seller in a door-to-door sale shall not negotiate, transfer, sell, or assign any note or84
99	98		other evidence of indebtedness to a finance company or other third party prior to midnight85
100	99		on the second day following the end of the period during which the buyer has a right to86
101		-	cancel pursuant to this article.87 23 ~~SB 149/AP~~
	100	+	cancel pursuant to this article.87 23 LC 55 0055S
102	101		S. B. 149 (SUB)
103	102		- 5 -
104	103		10-1-25.88
105	104		The use of the forms and notices of the right to cancel prescribed by the Federal Trade89
106	105		Commission's trade regulation rule, 16 C.F.R. Part 429, establishing a cooling-off period90
107	106		for door-to-door sales, may be used to comply with Code Sections 10-1-22 and 10-1-23;91
108	107		provided, however, that they are altered to accurately reflect the provisions of such Code92
109	108		sections and are in compliance with all provisions of this article.93
110	109		10-1-26.94
111	110		The rights of buyers in a door-to-door sale shall be not limited to those provided for in this95
112	111		article. Buyers in a door-to-door sale shall also have all applicable rights and remedies96
113	112		afforded under any other state or federal laws.97
114	113		10-1-27.98
115	114		(a) The requirements of this article shall not apply to sellers of automobiles, vans, trucks,99
116	115		motorized farm equipment, or other motor vehicles that are sold at auctions, tent sales, or100
117	116		other temporary places of business, provided that the seller is a seller of vehicles with a101
118	117		permanent place of business.102
119	118		(b) The requirements of this article shall not apply to sellers of arts, crafts, food,103
120	119		beverages, or other goods or services that are sold at fairs, carnivals, festivals, or other104
121	120		community events.105
122	121		(c) The requirements of this article shall not apply to sellers of goods or services that are106
123	122		sold at events sponsored, licensed, or hosted by this state, any local government, a church,107
124	123		or a public charity."108
125	124		SECTION 2.109
126	125		All laws and parts of laws in conflict with this Act are repealed.110