Title 10, Chapter 1, Section 255
(a) Any person who sustains or is threatened with competitive injury
by reason of a violation of this article may maintain an action in
any superior court of this state having jurisdiction over the
defendant to enjoin such violation. A successful petitioner shall
be entitled to recover reasonable attorneys' fees and costs of
(b) In addition to the action provided in subsection (a) of this
Code section, any person who sustains a competitive injury by reason
of a violation of this article may maintain an action in any court
of this state having jurisdiction over the defendant to recover the
actual, or special, damages sustained thereby including, but not
limited to, reasonable attorneys' fees and costs of litigation. A
successful claimant under this subsection shall be awarded punitive
damages not to exceed $1,000.00 for each day on which the defendant
continued to commit the violation of this article resulting in
competitive injury after having received from the plaintiff a
written notice that the defendant was engaging in such violation.
The maximum amount of such punitive damages which may be awarded to
any one plaintiff from any one defendant, however, shall be
(c) A claim for damages for violation of this article may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provisions of law. It is the intention of the General Assembly that this prohibition against class actions is an integral substantive provision of this article, and that its unenforceability for any reason in any action shall preclude the recovery of damages in such action.
(d) At any time subsequent to the filing of an action for damages
under this article, and prior to any award of such damages, the
defendant may make a written tender of settlement to the complaining
person. If the complaining person is awarded no damages or less
damages than the amount of the written tender of settlement, the
complaining person shall under no circumstances be entitled to
recover any costs of the litigation, including attorneys' fees, that
were incurred after the date of the written tender of settlement.
All written tenders of settlement that are made pursuant to this
subsection shall be presumed to be offered without prejudice in
compromise of a disputed matter.
(e) Any action brought under this article must be brought within two
years of the date of the alleged violation. All other actions are