OCGA 10-1-396 Interpretation

In Ferguson v. United Ins. Co. &c., 163 Ga. App. 282, 283 (2) (293 SE2d 736) (1982), the Court interpreted and applied an exemption provision found in Georgia's Fair Business Practices Act ("FBPA"). OCGA 10-1-396 (1) of the FBPA provides that "nothing in this part shall apply to . . . actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory agency of this state or the United States." Based upon this statutory language, we concluded that "insurance transactions are among those types of transactions which are exempt from the FBPA," since such transactions are subject to an extensive regulatory regime administered by the Insurance Department of the State of Georgia and the Office of Insurance Commissioner pursuant to Title 33 of the Georgia Code. Ferguson, 163 Ga. App. at 283 (2). See also Chancellor v. Gateway Lincoln-Mercury, 233 Ga. App. 38, 45 (2) (502 SE2d 799) (1998) ("The General Assembly intended that the Georgia FBPA have a restricted application only to the unregulated consumer marketplace and that FBPA not apply in regulated areas of activity, because regulatory agencies provide protection or the ability to protect against the known evils in the area of the agency's expertise.").