O.C.G.A. § 46-5-25
§ 46-5-25. Transmission of unsolicited commercial facsimile messages
(a)
As used in this Code section, the term "telefacsimile" shall refer to any process by which electronic
signals are transmitted by any telephone system for conversion into written text.
(b)
It shall be unlawful for any person to initiate the transmission of, employ or direct another person to
initiate the transmission of, or contract for the initiation of the transmission of an unsolicited facsimile
message for the commercial purpose of advertising or offering the sale, lease, rental, or gift of any goods,
services, or real or personal property.
(c)
(1)
Subsection (b) of this Code section shall not apply where the recipient has consented to the receipt
of one or more telefacsimile messages or where there exists a prior contractual or business relationship
between the recipient and the initiator or the initiator's principal.
(2)
The exception provided for in paragraph (1) of this subsection shall not apply where the recipient has
notified the initiator or the initiator's principal that the recipient does not wish to receive further
telefacsimile messages from the initiator or the initiator's principal.
(d)
Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed $1,000.00. Each transmission of a facsimile message in violation of this
Code section shall constitute a separate offense.
(e)
The commission is charged with the responsibility of civil enforcement of this Code section and the
commission shall require local exchange companies to file with the commission appropriate tariff revisions to
implement this subsection. Any person who violates the provisions of this Code section shall be subject to
disconnection of telephone service if the violation does not cease within ten days from the date of
notification to such person by the local exchange company; and the tariff revisions filed by local exchange
companies shall provide for the giving of such notification by local exchange companies and for such
disconnection of service.
