Definitions

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Deceptive, Fraudulent, or Abusive Telemarketing
  5. Definitions

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  1. As used in this chapter, the term:
    1. "Charitable contribution" means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term is defined in Code Section 43-17-2.
    2. "Control," "controlling," "controlled by," or "under common control with" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
    3. "Executive officer" means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
    4. "Person" means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization.
    5. "Secretary of State" means the Secretary of State of the State of Georgia.
    6. "Telephone soliciting business" means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter.
    7. "Telephone solicitor" or "solicitor" means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph (8) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia.
    8. "Telephonic sale," "sell telephonically," "telephonic selling," "telephonic offer for sale," or "telephonic solicitation of sale," and "telemarketing" means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (31) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which:
      1. The seller solicits the sale or charitable sale or contribution over the telephone;
      2. The purchaser's agreement to purchase or contribute is made over the telephone; and
      3. In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.
  2. The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter.

(Code 1981, §10-5B-2, enacted by Ga. L. 1994, p. 536, § 1; Ga. L. 1998, p. 643, § 3; Ga. L. 2008, p. 381, § 6/SB 358.)

Editor's notes.

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

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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