Georgia Strengthens Telemarketing Law

Georgia lawmakers passed amendments to the state’s telemarketing law that goes into effect on July 1, 2024. The changes create more risk for organizations that use telemarketing to sell goods and services in the state. Significant amendments include removing the damages cap for cases brought by private plaintiffs, removing the “knowing” from violations, and adding vicarious liability (businesses can be held liable for the actions of the telemarketing vendors).

Basics of the Georgia Telemarketing Law

The law states that “No person or entity shall make or cause to be made on behalf of any person or entity any telephone solicitation to the telephone line of any residential, mobile, or wireless subscriber in this state who has given notice to the commission of such subscriber’s objection to receiving telephone solicitations.”

Georgia’s law defines telephone solicitation as “any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.”

There are exceptions for calls made to people who gave consent to be called or who have a prior or current business or personal relationship. Georgia’s law also includes an exemption for charities.

Text messages are not mentioned in the law’s definition of telephone solicitation, but messages sent to Georgians are still covered under federal laws such as the TCPA. Organizations should apply the same policies and procedures to text messages as phone calls.

The law also requires that the caller must state their identity and the location of the business they are calling on behalf of. Blocking or circumventing caller ID is also prohibited.

Enforcement actions brought by the Attorney General can have a penalty of $1,000 per violation.

No Limit to Class Action Damages

The amendments to Georgia’s telemarketing law removed the $1,000 limit for damages in a class action lawsuit. The unlimited damages now available for private plaintiffs bring significantly more risk for organizations making calls in Georgia. You can be assured that professional plaintiffs are aware of the legislation and are looking for opportunities for big payouts in Georgia.

Ignorance is not a Defense

Prior to these amendments, the Georgia law stated that enforcement actions and penalties could result from “knowing violations.” The wording “knowing” has been scratched from the law. Organizations cannot use ignorance of the law as a defense. Negligent violations can result in fines.

The law now reading “No person or entity shall make or cause to be made on behalf of any person or entity any telephone solicitation to the telephone line,” is significant. Organizations that use a third party to execute their telemarketing campaigns can be held liable for violations their vendor commits.

These rule changes emphasize the importance of educating anyone making calls to Georgia residents on your behalf about what the law requires and prohibits.

Safe Harbors

The Georgia law does include two types of safe harbor. Similar to the federal TCPA, having established policies and procedures in place to prevent violations of the law can be an affirmative defense. The Georgia telemarketing law also offers safe harbor for calls made to a number provided in error, if the organization did not know that the number was given by mistake.

CompliancePoint has a team of marketing compliance professionals committed to staying up to date with the ever-changing telemarketing regulatory landscape. Our team can help your organization achieve and maintain compliance with the TCPA, TSR, Do Not Call rules, and all applicable state laws. To learn more about our services, contact us at connect@compliancepoint.com.