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The United States Court of Appeals for the Eleventh Circuit has certified to this Court four questions of Georgia law relating to a lawsuit filed by Terry and Sarah Anthony in federal court to recover for notary fees charged by American General Financial Services that allegedly exceeded the statutory maximum permitted by OCGA § 45-17-11 b. See Anthony v. American General Financial Services , 583 F3d 1302, 1307 11th Cir. 2009. According to their complaint, the Anthonys refinanced a mortgage loan with American General in 2002, executing a standard loan agreement that specified certain fees required as part of the transaction, including a $350.00 “Notary Fee.”1 Although the agreement stated that the fees were “reasonable and necessary,” OCGA § 45-17-11 b sets the maximum lawful fee for any notarial service at $4.00. OCGA § 45-17-11 d requires that the person requesting a notarial act be informed of the statutory fee permitted before performance of the act, but the Anthonys allegedly received no such notice and American General collected the $350.00 fee.

In 2007, the Anthonys filed suit against American General in the federal district court for the Northern District of Georgia, asserting a cause of action under OCGA § 45-17-11, along with claims for breach of contract, fraud, and money had and received. The district court granted American General’s motion to dismiss for failure to state a claim, see Federal Rule of Civil Procedure 12 b 6, and the Anthonys appealed. The Eleventh Circuit then certified its four questions to this Court, which we will address in order.

 
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