How to file a complaint with the Competition and Consumer Protection Agency (GCCA): what to do under Georgian law

What to do

1. Where to complain: the Competition and Consumer Protection Agency (კონკურენციისა და მომხმარებლის დაცვის სააგენტო) or the relevant sector regulator (Law of Georgia on the Protection of Consumer Rights, Art. 28). Matters outside its remit: the National Bank and banks (Art. 29), as well as insurance, telecommunications, broadcasting, energy and water (Art. 29). Such complaints are forwarded to the relevant regulator (Art. 29). The applicant may be any person, even one without personal damage (Art. 4).
2. What it can do and how it ends: the Agency examines violations of the rights of a GROUP of consumers (Art. 30). Its decision may require restoring the violated right and/or stopping the violation (Art. 33), or may take the form of an agreement on the seller’s obligations (Art. 33). For non-compliance, a fine applies from 600 lari up to 2% of turnover (Art. 34). The Agency does not recover personal money: the fine goes to the budget (Art. 34). A complaint does not deprive you of the right to go to court, arbitration or mediation (Art. 28).
3. Deadlines and appeal: the complaint must be filed no later than 2 years after the violation (Art. 31). The Agency must respond on the action taken within 10 business days (Art. 32). The examination takes 1 month (Art. 32), extendable by no more than 3 months (Art. 32). A decision may be appealed to court within 30 days of its service on the seller (Art. 35). A refusal that directly infringes your rights may be challenged by a lawsuit within 1 month, as against an administrative act (Administrative Procedure Code of Georgia, Art. 22).
4. Evidence and money: when a violation is confirmed, the seller pays for the expert examination (Art. 32). To recover your own money, bring a lawsuit: the limitation period for a contractual claim is 3 years (Civil Code of Georgia, Art. 129).
5. Where to apply: the seller → Agency or sector regulator → court (for personal money).
6. Evidence: receipt or contract; claim and the seller’s reply; correspondence; photos; advertising and terms; data on other affected persons.
7. Pitfalls: expecting the Agency to refund your money personally; bringing a dispute with a bank, insurer, telecom operator or utility to the Agency; missing the limitation period for a lawsuit while waiting for the Agency.

Be sure to check

• the Agency examines violations affecting a group of consumers; it orders restoration of the right or cessation of the violation and imposes fines — fines go to the budget, personal money is recovered through court
• time limit for filing: 2 years from the violation
• deadlines: reply within 10 business days, examination 1 month (up to 3 months)
• banks, insurance, telecommunications, broadcasting, energy and water — to their own regulators
• a decision may be appealed in court within 30 days of its service on the seller