Georgia residents have legal protections against certain unwanted telephone solicitations, automated sales calls, and prerecorded marketing messages. State law places restrictions on telemarketers and provides legal remedies when businesses violate applicable rules.
Two important Georgia statutes address these activities. Georgia Code Section 46-5-27 governs telephone solicitation and Do Not Call protections, while Section 46-5-23 regulates automatic dialing and announcing devices.
Consumers who experience repeated unlawful sales calls may qualify to pursue damages or seek an order stopping further violations. Eligibility depends on the nature of the calls, the caller's conduct, and the specific statutory requirements.
Understanding Georgia's Robocall and Telemarketing Laws
Georgia's telephone solicitation rules are designed to protect residential, mobile, and wireless telephone subscribers.
Under O.C.G.A. § 46-5-27, covered telemarketers generally cannot place solicitation calls to registered subscribers who have indicated that they do not wish to receive such communications.
The law also requires telephone solicitors to identify themselves at the beginning of a call and prohibits efforts to circumvent caller identification services.
These requirements apply to covered telephone solicitations whether the caller uses a live representative or certain automated calling methods.
However, the statute recognizes exceptions involving prior permission, certain existing relationships, and specified organizations or licensed professionals.
Local Spotlight: Georgia's Updated Consumer Protection Rules
Georgia amended its telephone solicitation law in 2024, expanding provisions addressing responsibility for calls made on behalf of businesses.
Under the current statute, a company may face liability for unlawful solicitations placed by another party acting on its behalf.
The law also provides defenses when businesses establish and enforce effective compliance procedures.
These provisions make the relationship between a telemarketing company and the business promoting its services important.
When Can Georgia Residents Sue Over Robocalls?
Georgia law permits a private lawsuit when a person receives more than one telephone solicitation within a 12-month period from or on behalf of the same entity in violation of specified statutory provisions.
The applicable violations include certain prohibited Do Not Call solicitations and caller identification violations.
Under the current version of Section 46-5-27, qualifying consumers may seek actual monetary losses or up to $1,000 in damages for each violation, whichever is greater.
The statute also allows recovery of reasonable attorney fees and costs in qualifying actions.
Consumers should understand that these damages are not guaranteed and that statutory defenses may affect the outcome.
Georgia's Automated Calling Equipment Requirements
Georgia separately regulates automatic dialing and announcing devices, commonly called ADAD equipment.
Under O.C.G.A. § 46-5-23, covered operators generally must obtain a permit from the Georgia Public Service Commission.
The statute also establishes requirements involving written consent, permitted calling hours, recorded-message identification, and disconnection procedures.
These restrictions provide another layer of protection against certain automated telephone communications.
How to Protect Yourself From Unwanted Calls
Consumers can improve their ability to identify possible violations by maintaining accurate records.
Important steps include:
Registering eligible numbers on the National Do Not Call Registry.
Saving incoming call histories and voicemail messages.
Recording the identity of companies making sales calls.
Documenting requests to stop future communications.
Preserving evidence of repeated calls from the same business.
These records may help establish whether a company violated Georgia's telephone solicitation requirements.
Common Questions Around Georgia Robocall Laws
Can Georgia residents sue for illegal robocalls?
Yes. Certain repeated telephone solicitation violations may support a private lawsuit under Georgia law.
How much can consumers recover?
Current Georgia law permits actual monetary losses or up to $1,000 per qualifying violation, whichever is greater. Other remedies may apply under federal law.
Does Georgia regulate automated dialing equipment?
Yes. Section 46-5-23 establishes specific requirements for covered automatic dialing and announcing devices.
Do telemarketers need to identify themselves?
Yes. Covered telephone solicitors must clearly identify the person or entity initiating the call.
Are all automated calls illegal?
No. Legality depends on consent, the communication's purpose, applicable exceptions, and the technology involved.
To learn more, visit: https://robocalllawsuit.com/autodialer-laws/georgia/
