Joseph Charles Parrish, Inc. v. Hill ( 1984 )

On Motion for Rehearing.

Appellees argue that our decision does not address the issue of whether punitive damages are allowed pursuant to OCGA § 40-8-5. By the plain terms of the statute, such damages are not permitted solely for a violation of the act. Recovery for a violation of the statute is limited to three times actual damages or $1,500 whichever is greater, and reasonable attorney fees in the event of successful action. The case of Colonial Lincoln-Mercury Sales v. Molina, 152 Ga. App. 379 (7) (262 SE2d 820) (1979), is inapposite, as it interprets a portion of the Fair Business Practices Act, OCGA § 10-1-399, which specifically provides in subsection (a) for the recovery of exemplary damages. OCGA § 40-8-5 has no such corresponding provision for exemplary damages.