Unlawful Telemarketing Transactions; Criminal Penalty

  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. Unlawful Telemarketing Transactions; Criminal Penalty

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  1. For purposes of this Code section, the term "telemarketing" shall have the same meaning which it has under Code Section 10-1-393.5.
  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, it shall be unlawful for any person to:
    1. In connection with a telemarketing transaction, request a fee in advance to remove derogatory information from or improve a person's credit history or credit record;
    2. Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or
    3. In connection with a telemarketing transaction, procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected.
  3. In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (5) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section.

(Code 1981, §10-1-393.6, enacted by Ga. L. 1998, p. 643, § 2; Ga. L. 2004, p. 631, § 10; Ga. L. 2015, p. 1088, § 2/SB 148.)

Cross references.

- Deceptive, fraudulent, or abusive telemarketing, § 10-5B-1 et seq.

Editor's notes.

- Ga. L. 1998, p. 643, § 6, not codified by the General Assembly, provides that this Code section shall apply to acts and offenses committed on or after July 1, 1998.

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

Law reviews.

- For review of 1998 legislation relating to commerce and trade, see 15 Ga. St. U.L. Rev. 9 (1998).


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