{"data":{"id":"us-ga/o.c.g.a.-16-9-155","jurisdiction":"us-ga","citation":"O.C.G.A. § 16-9-155","heading":"Penalties.","body":"(a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 16-9-153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.\n(b) The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:\n(1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations;\n(2) Costs and reasonable attorney’s fees; and\n(3) An order to enjoin the violation.\n(c) In the case of a violation of subparagraph (a)(1)(B) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following:\n(1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport, or termination of the call;\n(2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls;\n(3) Costs and reasonable attorney’s fees; and\n(4) An order to enjoin the violation.\n(d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following:\n(1) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations;\n(2) Costs and reasonable attorney’s fees; and\n(3) An order to enjoin the violation.","path":["TITLE 16 Crimes and Offenses","CHAPTER 9 Forgery and Fraudulent Practices","Article 9 Computer Security"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.16.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"e18d1fbed2a75a4a348578d8b5011e6e772740695e4650c063ebbd84b5f23b9d","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-16-9-154","next":"us-ga/o.c.g.a.-16-9-156"},"notice":"GroundRules: Original legal text. Not legal advice."}