How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(14) As used in this article, the term: (1) 'Automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1)' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making. (2) 'BehaviorsBehaviors'Behaviors' means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, IP addresses, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals of which the individual is associated.O.C.G.A. § 10-1-960(2)' means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, IP addresses, locations frequented, purchase history, financial circumstances, consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) behaviorsBehaviors'Behaviors' means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, IP addresses, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals of which the individual is associated.O.C.G.A. § 10-1-960(2), or inferences associated with a group, band, class, or tier of individuals of which the individual is associated. (3) 'BiometricsBiometrics'Biometrics' means data or information generated by the technological, processing, measurement, or analysis of a consumer or worker's biological, physical, or behavioral characteristics which can be processed for the purpose of uniquely identifying an individual. Such term includes a fingerprint; a voice print; a scan or record of an eye retina or iris image; a facial map, geometry, or template; genetic information; or other unique biological, physical, or behavioral patterns or characteristics.O.C.G.A. § 10-1-960(3)' means data or information generated by the technological, processing, measurement, or analysis of a consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) or workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14)'s biological, physical, or behavioral characteristics which can be processed for the purpose of uniquely identifying an individual. Such term includes a fingerprint; a voice print; a scan or record of an eye retina or iris image; a facial map, geometry, or template; genetic information; or other unique biological, physical, or behavioral patterns or characteristics. (4) 'ConsumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4)' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual. (5) 'Genetic information' means information about an individual's genetic test, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in such individual's family members... (6) 'IndividualizedIndividualized'Individualized' means specific to or inferences about an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.O.C.G.A. § 10-1-960(6)' means specific to or inferences about an individual or group, band, class, or tier of individuals with particular personal characteristicsPersonal characteristics'Personal characteristics' means individual qualities, features, attributes, or traits, including immutable characteristics such as race and eye color; mutable characteristics such as a mailing address, weight, citizenship, or parental status; and any other personally identifiable information that could be used to uncover an individual's identity, including social security number, full name, or telephone number.O.C.G.A. § 10-1-960(8), behaviorsBehaviors'Behaviors' means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, IP addresses, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals of which the individual is associated.O.C.G.A. § 10-1-960(2), or biometricsBiometrics'Biometrics' means data or information generated by the technological, processing, measurement, or analysis of a consumer or worker's biological, physical, or behavioral characteristics which can be processed for the purpose of uniquely identifying an individual. Such term includes a fingerprint; a voice print; a scan or record of an eye retina or iris image; a facial map, geometry, or template; genetic information; or other unique biological, physical, or behavioral patterns or characteristics.O.C.G.A. § 10-1-960(3). (7) 'InsurerInsurer'Insurer' means every person engaged as a principal, indemnitor, surety, or contractor in the business of making contracts of insurance.O.C.G.A. § 10-1-960(7)' means every person engaged as a principal, indemnitor, surety, or contractor in the business of making contracts of insurance. (8) 'Personal characteristicsPersonal characteristics'Personal characteristics' means individual qualities, features, attributes, or traits, including immutable characteristics such as race and eye color; mutable characteristics such as a mailing address, weight, citizenship, or parental status; and any other personally identifiable information that could be used to uncover an individual's identity, including social security number, full name, or telephone number.O.C.G.A. § 10-1-960(8)' means individual qualities, features, attributes, or traits, including immutable characteristics such as race and eye color; mutable characteristics such as a mailing address, weight, citizenship, or parental status; and any other personally identifiable information that could be used to uncover an individual's identity, including social security number, full name, or telephone number. (9) 'PricePrice'Price' means the amount charged to a consumer in relation to a transaction, including all related costs and fees, and any other material terms of such transaction that has a direct bearing on the amount paid by the consumer or the value of the good or service to the consumer.O.C.G.A. § 10-1-960(9)' means the amount charged to a consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) in relation to a transaction, including all related costs and fees, and any other material terms of such transaction that has a direct bearing on the amount paid by the consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) or the value of the good or service to the consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4). (10) 'Surveillance based price discriminationSurveillance based price discrimination'Surveillance based price discrimination' means using an automated decision system to inform individualized prices based on surveillance data regarding a consumer.O.C.G.A. § 10-1-960(10)' means using an automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1) to inform individualizedIndividualized'Individualized' means specific to or inferences about an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.O.C.G.A. § 10-1-960(6) pricesPrice'Price' means the amount charged to a consumer in relation to a transaction, including all related costs and fees, and any other material terms of such transaction that has a direct bearing on the amount paid by the consumer or the value of the good or service to the consumer.O.C.G.A. § 10-1-960(9) based on surveillance dataSurveillance data'Surveillance data' means data obtained through observation, inference, or surveillance of an individual that is related to personal characteristics, behaviors, or biometrics of such individual or a group, class, tier, or band of which the individual is associated. Such term includes information gathered, purchased, or otherwise acquired.O.C.G.A. § 10-1-960(12) regarding a consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4). (11) 'Surveillance based wage discriminationSurveillance based wage discrimination'Surveillance based wage discrimination' means using an automated decision system to inform individualized wages based on surveillance data regarding a worker.O.C.G.A. § 10-1-960(11)' means using an automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1) to inform individualizedIndividualized'Individualized' means specific to or inferences about an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.O.C.G.A. § 10-1-960(6) wagesWage'Wage' means the material terms offered to a worker in exchange for labor, including the amount to be paid for such labor, whether as an hourly rate, piece rate, salary, bonuses, commissions and incentives, scheduling, task assignment, and any other similar material terms that have a direct impact on earnings of such worker.O.C.G.A. § 10-1-960(13) based on surveillance dataSurveillance data'Surveillance data' means data obtained through observation, inference, or surveillance of an individual that is related to personal characteristics, behaviors, or biometrics of such individual or a group, class, tier, or band of which the individual is associated. Such term includes information gathered, purchased, or otherwise acquired.O.C.G.A. § 10-1-960(12) regarding a workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14). (12) 'Surveillance dataSurveillance data'Surveillance data' means data obtained through observation, inference, or surveillance of an individual that is related to personal characteristics, behaviors, or biometrics of such individual or a group, class, tier, or band of which the individual is associated. Such term includes information gathered, purchased, or otherwise acquired.O.C.G.A. § 10-1-960(12)' means data obtained through observation, inference, or surveillance of an individual that is related to personal characteristicsPersonal characteristics'Personal characteristics' means individual qualities, features, attributes, or traits, including immutable characteristics such as race and eye color; mutable characteristics such as a mailing address, weight, citizenship, or parental status; and any other personally identifiable information that could be used to uncover an individual's identity, including social security number, full name, or telephone number.O.C.G.A. § 10-1-960(8), behaviorsBehaviors'Behaviors' means an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, IP addresses, locations frequented, purchase history, financial circumstances, consumer behaviors, or inferences associated with a group, band, class, or tier of individuals of which the individual is associated.O.C.G.A. § 10-1-960(2), or biometrics of such individual or a group, class, tier, or band of which the individual is associated. Such term includes information gathered, purchased, or otherwise acquired. (13) 'WageWage'Wage' means the material terms offered to a worker in exchange for labor, including the amount to be paid for such labor, whether as an hourly rate, piece rate, salary, bonuses, commissions and incentives, scheduling, task assignment, and any other similar material terms that have a direct impact on earnings of such worker.O.C.G.A. § 10-1-960(13)' means the material terms offered to a workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14) in exchange for labor, including the amount to be paid for such labor, whether as an hourly rate, piece rate, salary, bonuses, commissions and incentives, scheduling, task assignment, and any other similar material terms that have a direct impact on earnings of such workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14). (14) 'WorkerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14)' means a natural person performing work as an employee...
Section 10-1-960 supplies the definitional spine of the article. The most consequential terms are automated decision system (broadly defined to include any computational system used to assist or replace human decision making), surveillance data (any data obtained through observation, inference, or surveillance — including purchased third-party data — relating to personal characteristics, behaviors, or biometrics), and the two prohibited practices surveillance based price discrimination and surveillance based wage discrimination.
The breadth of these definitions is notable: "surveillance data" sweeps in commercially purchased data and group-level inferences, and "individualized" reaches inferences about a class or tier to which the individual belongs — meaning segment-level personalization is captured even when no per-person profile is used.
(a) 1 No person shall engage in surveillance based price discriminationSurveillance based price discrimination'Surveillance based price discrimination' means using an automated decision system to inform individualized prices based on surveillance data regarding a consumer.O.C.G.A. § 10-1-960(10). (2) A person shall not be considered to have engaged in surveillance based price discriminationSurveillance based price discrimination'Surveillance based price discrimination' means using an automated decision system to inform individualized prices based on surveillance data regarding a consumer.O.C.G.A. § 10-1-960(10) if such person can demonstrate that: (A) Differential pricesPrice'Price' means the amount charged to a consumer in relation to a transaction, including all related costs and fees, and any other material terms of such transaction that has a direct bearing on the amount paid by the consumer or the value of the good or service to the consumer.O.C.G.A. § 10-1-960(9) are justified based on differences in the cost of providing a good or service to different consumersConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4); or (B) Such person operates as an insurerInsurer'Insurer' means every person engaged as a principal, indemnitor, surety, or contractor in the business of making contracts of insurance.O.C.G.A. § 10-1-960(7) and only inputs risk relevant data into any automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1) that informs decisions related to any amount a consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) must pay for an insurance policy. (3) Surveillance based price discriminationSurveillance based price discrimination'Surveillance based price discrimination' means using an automated decision system to inform individualized prices based on surveillance data regarding a consumer.O.C.G.A. § 10-1-960(10) shall not include the refusal to extend credit at specific terms or the refusal to enter into a transaction with a specific consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) based on data provided in a consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4) report covered by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681, et. seq.
(b) 2 No person shall engage in surveillance based wage discriminationSurveillance based wage discrimination'Surveillance based wage discrimination' means using an automated decision system to inform individualized wages based on surveillance data regarding a worker.O.C.G.A. § 10-1-960(11). (2) A person has not engaged in surveillance based wage discriminationSurveillance based wage discrimination'Surveillance based wage discrimination' means using an automated decision system to inform individualized wages based on surveillance data regarding a worker.O.C.G.A. § 10-1-960(11) if such person can demonstrate that: (A) Such person offers individualizedIndividualized'Individualized' means specific to or inferences about an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometrics.O.C.G.A. § 10-1-960(6) wagesWage'Wage' means the material terms offered to a worker in exchange for labor, including the amount to be paid for such labor, whether as an hourly rate, piece rate, salary, bonuses, commissions and incentives, scheduling, task assignment, and any other similar material terms that have a direct impact on earnings of such worker.O.C.G.A. § 10-1-960(13) based solely on: (i) Data specific to a workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14) that is directly related to the labor or services such workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14) was hired to perform; or (ii) Differences in the cost to the worker of providing labor and services to such person; (B) Such person discloses in plain language before hiring a workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14) to perform labor or services and to all workersWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14) whose wagesWage'Wage' means the material terms offered to a worker in exchange for labor, including the amount to be paid for such labor, whether as an hourly rate, piece rate, salary, bonuses, commissions and incentives, scheduling, task assignment, and any other similar material terms that have a direct impact on earnings of such worker.O.C.G.A. § 10-1-960(13) are set in whole or in part by an automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1) and what data is considered and how such automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1) considers such data; and (C) Such person develops and proactively provides to all workersWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14) reasonable procedures to ensure the accuracy of all data considered by an automated decision systemAutomated decision system'Automated decision system' means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, which is used to assist or replace human decision making.O.C.G.A. § 10-1-960(1) in setting wageWage'Wage' means the material terms offered to a worker in exchange for labor, including the amount to be paid for such labor, whether as an hourly rate, piece rate, salary, bonuses, commissions and incentives, scheduling, task assignment, and any other similar material terms that have a direct impact on earnings of such worker.O.C.G.A. § 10-1-960(13) rates as determined through rule making. (3) Surveillance based wage discriminationSurveillance based wage discrimination'Surveillance based wage discrimination' means using an automated decision system to inform individualized wages based on surveillance data regarding a worker.O.C.G.A. § 10-1-960(11) shall not include a decision not to hire an individual who such person has not previously employed.
Section 10-1-961 sets the two operative prohibitions. Subsection (a) prohibits any person from using an automated decision system to set individualized prices for consumers based on surveillance data, with affirmative defenses for (i) cost-justified price differences and (ii) insurers using only risk-relevant data; FCRA-driven credit decisions are also carved out. Subsection (b) prohibits using an automated decision system to set individualized wages for workers based on surveillance data, with a multi-part affirmative defense requiring labor-relevant data only, plain-language pre-hire and ongoing disclosure of inputs and weighting, and a worker-facing data-accuracy procedure.
The price prohibition is a flat ban; the wage prohibition is structured so that compliance with the disclosure-and-accuracy regime is the only path to lawful ADS-driven individualized wages. The wage disclosure obligation is therefore an affirmative duty for any employer that wants to use ADS to differentiate compensation across workers.
The Attorney General is authorized to promulgate such rules and regulations as necessary for the purpose of implementing and enforcing this article.
Section 10-1-962 grants the Attorney General authority to promulgate rules and regulations implementing the article. This is an enforcement-implementation hook — it imposes no compliance duty on regulated parties beyond what § 10-1-961 already requires — and is the rulemaking vehicle through which the wage data-accuracy procedure under § 10-1-961(b)(2)(C) is to be specified.
Nothing in this article, including the enforcement authority granted to the Attorney General and the district attorneys of this state, shall preempt or otherwise affect any other right, claim, remedy, presumption, or defense available at law or in equity.
Section 10-1-963 is a savings clause: nothing in the article displaces other rights, claims, remedies, presumptions, or defenses available at law or in equity. It creates no new compliance obligation.
(a)–(c) A person that violates any provision of this article engages in a deceptive, unfair, or unconscionable act or practice. (b) The Attorney General or any district attorney may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows: (1) Any person that violates any provision of this article shall forfeit and pay to the general fund of this state a civil penalty of not more than $10,000.00 for each such violation. Each violation of this article shall constitute a separate violation with respect to each consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4), workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14), or transaction involved; and (2) Costs and attorneys' fees shall be awarded to the Attorney General or a district attorney in all actions where the Attorney General or the district attorney successfully enforces the provisions of this article. (c) In addition to any remedies otherwise provided by law or in equity, a person aggrieved by a violation of this article may bring a civil action on behalf of themselves or a group of similarly situated persons to restrain further violations and to recover damages, costs, and reasonable attorneys' fees, including the greater of: (1) The amount of actual damages sustained, including prejudgment interest of either 8 percent per year or at the rate provided for in Code Section 7-4-2, whichever is greater, from the date the claim under this article accrued; (2) The amount of $3,000.00 for each violation and each such violation of this article shall constitute a separate violation with respect to each consumerConsumer'Consumer' means an individual who obtains, maintains, uses, purchases, leases, or receives goods, services, real property, or personal property or the representative of such individual.O.C.G.A. § 10-1-960(4), workerWorker'Worker' means a natural person performing work as an employee, and includes any individual, including a migratory laborer, performing labor or services for the benefit of an employer and any other individuals performing labor or services on behalf of or for the benefit of an employer or other person. For the purposes of this article, such term includes relevant factors in determining whether an individual is an employee including the degree of control such employer may exercise or does exercise over such individual and the degree to which such individual performs labor or services that is the primary work of the employer; provided, however, that an individual primarily free from control and direction in the performance of such labor or services, both under his or her contract for the performance of such labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to such labor or services performed is not an employee.O.C.G.A. § 10-1-960(14), or transaction involved; or (3) Three times the amount of actual damages sustained, if it is established by clear and convincing evidence that such person violating the provisions of this article engaged in bad faith conduct or intentionally violated the provisions of this article.
Section 10-1-964 establishes a dual enforcement model. Subsection (a) classifies any violation as a deceptive, unfair, or unconscionable act, hooking the article into Georgia's broader UDAP framework. Subsection (b) authorizes the Attorney General or any district attorney to bring civil actions on behalf of the state with up to $10,000 per violation plus mandatory costs and fees on success. Subsection (c) creates an independent private right of action — including class-style "on behalf of a group of similarly situated persons" relief — with statutory damages of $3,000 per violation, treble actual damages on clear-and-convincing evidence of bad faith or intentional violation, and 8% prejudgment interest. Each affected consumer, worker, or transaction is a separate violation, which substantially amplifies aggregate exposure.