Oversight by Attorney General of Certain Telemarketing Practices; Definitions; Conduct by Telephone Solicitors; Class Actions

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Fair Business Practices Act
  7. Oversight by Attorney General of Certain Telemarketing Practices; Definitions; Conduct by Telephone Solicitors; Class Actions

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  1. As used in this Code section, the term:
    1. "ADAD equipment" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed.
    2. "Business" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity.
    3. "Caller identification service" means a type of telephone service which permits subscribers to see the telephone number of incoming telephone calls.
    4. "In this state" means the call:
      1. Originates from this state; or
      2. Is directed by the caller to this state and received at the place to which it is directed.
    5. "Subscriber" means a person or business that has subscribed to telephone service from a local exchange company or mobile, wireless, or other telephone service provider or other persons living, residing, or working with such person or business.
    6. "Telephone solicitation" means any voice communication from a live operator, through the use of ADAD equipment or by other means, over a telephone line or computer network for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services or donation to any organization, but shall not include communications:
      1. To any subscriber with that subscriber's prior express invitation or permission;
      2. By or on behalf of any person or entity with whom a subscriber has a prior or current business or personal relationship; or
      3. Which convey a political message.
  2. Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, in connection with a telephone solicitation:
    1. At the beginning of such call, the person or entity making the call shall state clearly the identity of the person or entity initiating the call;
    2. No person or entity who makes a telephone solicitation to the telephone line of a subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service;
    3. The telephone number displayed on the caller identification service shall be a working telephone number capable of receiving incoming calls at the time the call is placed; and
    4. The identity of the caller displayed on the caller identification service shall accurately reflect the identity of the caller.
  3. Notwithstanding Code Section 10-1-399, a claim of a violation of this Code section may be brought in a representative capacity and may be the subject of a class action under Code Section 9-11-23. Damages for such violation shall be the greater of actual damages or $10.00 per violation.

(Code 1981, §10-1-393.13, enacted by Ga. L. 2012, p. 640, § 1/HB 1132; Ga. L. 2015, p. 1088, § 2/SB 148.)

Editor's notes.

- Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.

RESEARCH REFERENCES

ALR.

- Validity Under First Amendment of Statutes Limiting Automatic Dialing and Announcing Device (ADAD) and Robocalls, 48 A.L.R.7th Art. 1


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