O.C.G.A. § 46-5-27
§ 46-5-27. Telephone solicitations to residential, mobile, or wireless subscribers; Public Service
Commission to establish and maintain list of certain subscribers; authorization for imposition of
administrative fees; confidential nature of data base; required identification
(a)
The General Assembly finds that:
(1)
The use of the telephone to market goods and services is pervasive now due to the increased use of
cost-effective telemarketing techniques;
(2)
Over 30,000 businesses actively telemarket goods and services to business and residential customers;
(3)
Every day, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of
this state;
(4)
Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of
individuals;
(5)
Many citizens of this state are outraged over the proliferation of nuisance calls from telemarketers;
(6)
Individuals' privacy rights and commercial freedom of speech can be balanced in a way that accommodates
both the privacy of individuals and legitimate telemarketing practices; and
(7)
It is in the public interest to establish a mechanism under which the individual citizens of this state
can decide whether or not to receive telemarketing calls.
(b)
As used in this Code section, the term:
(1)
"Caller identification service" means a type of telephone service which permits telephone subscribers
to see the telephone number of incoming telephone calls.
(2)
"Residential, mobile, or wireless subscriber" means a person who has subscribed to telephone service
from a local exchange company or mobile or wireless telephone service provider, or other persons living or
residing with such person.
(3)
"Telephone solicitation" means any voice communication over a telephone line for the purpose of
encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include
communications:
(A)
To any residential, mobile, or wireless subscriber with that subscriber's prior express invitation
or permission;
(B)
By or on behalf of any person or entity with whom a residential, mobile, or wireless subscriber has
a prior or current business or personal relationship; or
(C)
By or on behalf of a charitable organization which has filed a registration statement pursuant to
Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of
Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in
paragraph (2) of Code Section 43-17-2.
Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section
46-5-23, or by other means.
(c)
No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any
residential, mobile, or wireless subscriber in this state who has given notice to the commission, in
accordance with regulations promulgated under subsection (d) of this Code section, of such subscriber's
objection to receiving telephone solicitations.
(d)
(1)
The commission shall establish and provide for the operation of a data base to compile a list of
telephone numbers of residential, mobile, and wireless subscribers who object to receiving telephone
solicitations. It shall be the duty of the commission to have such data base in operation no later than
January 1, 1999.
(2)
Such data base may be operated by the commission or by another entity selected by and awarded a
contract by the commission.
(3)
No later than January 1, 1999, the commission shall promulgate regulations which:
(A)
Require each local exchange company to inform its residential, mobile, or wireless subscribers of
the opportunity to provide notification to the commission or its contractor that such subscriber objects to
receiving telephone solicitations;
(B)
Specify the methods by which each residential, mobile, or wireless subscriber may give notice to the
commission or its contractor of his or her objection to receiving such solicitations and methods for
revocation of such notice;
(C)
Specify the length of time for which a notice of objection shall be effective and the effect of a
change of telephone number on such notice;
(D)
Specify the methods by which such objections and revocations shall be collected and added to the
data base;
(E)
Specify the methods by which any person or entity desiring to make telephone solicitations will
obtain access to the data base as required to avoid calling the telephone numbers of residential, mobile, or
wireless subscribers included in the data base; and
(F)
Specify such other matters relating to the data base that the commission deems desirable.
(4)
If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single
national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the
commission shall include the part of such single national data base that relates to Georgia in the data base
established under this Code section.
(e)
The commission may provide by rule or regulation for administrative fees to be imposed upon:
(1)
A residential, mobile, or wireless subscriber for each notice of inclusion in the data base established
under this Code section; provided, however, that the commission shall not set this fee in an amount greater
than $5.00; and
(2)
A person or entity desiring to make telephone solicitations for access to or for electronic copies of
the data base established under this Code section.
(f)
(1)
Information contained in the data base established under this Code section shall be used only for
the purpose of compliance with this Code section or in a proceeding or action under subsection (h) or (i) of
this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of
Chapter 18 of Title 50.
(2)
No person shall knowingly compile or disseminate or compile and disseminate information obtained from
the data base for any reason other than those legitimate purposes established by law. Any person found guilty
of violating this subsection shall be guilty of a misdemeanor and upon conviction shall be punished by a fine
not to exceed $1,000.00. Each instance of an unauthorized disclosure of information from the data base shall
constitute a separate offense.
(g)
(1)
Any person or entity who makes a telephone solicitation to the telephone line of any residential,
mobile, or wireless subscriber in this state shall, at the beginning of such call, 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 residential, mobile,
or wireless subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such
subscriber's use of a caller identification service.
(h)
The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have authority to
initiate proceedings, pursuant to Code Section 10-1-397, relating to a knowing violation or threatened knowing
violation of subsection (c) or (g) of this Code section. Such proceedings include without limitation
proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of
$2,000.00 for each knowing violation, and to seek additional relief in any superior court of competent
jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections
10-1-398, 10-1-398.1, and 10-1-405 shall apply to proceedings initiated by the administrator under this
subsection. The administrator is authorized to issue investigative demands, issue subpoenas, administer oaths,
and conduct hearings in the course of investigating a violation of subsection (c) or (g) of this Code section,
in accordance with the provisions of Code Sections 10-1-403 and 10-1-404.
(i)
Any person who has received more than one telephone solicitation within any 12 month period by or on
behalf of the same person or entity in violation of subsection (c) or (g) of this Code section may either
bring an action to enjoin such violation; bring an action to recover for actual monetary loss from such
knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is
greater; or bring both such actions.
(j)
It shall be a defense in any action or proceeding brought under subsection (h) or (i) of this Code section
that the defendant has established and implemented, with due care, reasonable practices and procedures to
effectively prevent telephone solicitations in violation of this Code section.
(k)
No action or proceeding may be brought under subsection (h) or (i) of this Code section:
(1)
More than two years after the person bringing the action knew or should have known of the occurrence of
the alleged violation; or
(2)
More than two years after the termination of any proceeding or action by the State of Georgia,
whichever is later.
(l)
A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or
administrator as to an action or proceeding authorized by this Code section in accordance with the provisions
of Code Section 9-10-91.
(m)
The remedies, duties, prohibitions, and penalties of this Code section are not exclusive and are in
addition to all other causes of action, remedies, and penalties provided by law.
(n)
No provider of telephone caller identification service shall be held liable for violations of this Code
section committed by other persons or entities.
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