State law · State telemarketing laws

Georgia Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

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Overview

Georgia regulates telemarketing through two bodies of law.

The first is Title 46 of the Official Code of Georgia Annotated (O.C.G.A.), which governs public utilities. It contains:

  • the Georgia do-not-call statute, O.C.G.A. § 46-5-27;
  • the statute restricting automatic dialing and announcing devices (ADAD), § 46-5-23;
  • a junk fax statute, § 46-5-25;
  • related telephone provisions.

The Georgia Public Service Commission (PSC) administers the database and the ADAD permit program. The Attorney General, through the Consumer Protection Division, enforces the do-not-call statute.

The second is the Fair Business Practices Act (FBPA), O.C.G.A. § 10-1-390 et seq. The FBPA adds telemarketing fraud prohibitions, telemarketing-specific unlawful practices, Attorney General penalties, and an individual private action that may not be brought in a representative capacity.

Georgia's do-not-call private action is patterned on the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(c)(5). Since July 1, 2024, it allows the greater of actual monetary loss or up to 1,000 dollars per violation, plus attorney's fees and costs, reaches the person on whose behalf a call was made, and expressly permits class actions without the per-violation cap. Georgia's ADAD statute is notable after Facebook, Inc. v. Duguid, 592 U.S. 395 (2021). It defines ADAD equipment by its function of automatically dialing numbers and playing prerecorded messages, and it separately prohibits random or sequential dialing for covered calls.

The official O.C.G.A. is published by LexisNexis for the State and could not be retrieved. This page quotes the Georgia Code from secondary publishers' text (FindLaw and the Justia 2025 Code of Georgia). Quotations of § 46-5-27 as amended in 2024 were also checked against the enacted text of Senate Bill 73 published by the Office of the Governor.

Key statutes table

TopicCitationSummary
Do-not-callO.C.G.A. § 46-5-27(c), (d)No telephone solicitations to subscribers who objected through the PSC database
Identification and caller IDO.C.G.A. § 46-5-27(g)Identify the caller at the beginning of the call; no blocking of caller ID
Do-not-call enforcementO.C.G.A. § 46-5-27(h) to (k)Attorney General penalties up to 2,000 dollars per violation; private action for up to 1,000 dollars per violation, fees, and class relief; liability of the party on whose behalf a call is made; two-year limit
ADAD restrictionsO.C.G.A. § 46-5-23Prior consent; 8 a.m. to 9 p.m.; no random or sequential dialing; identification; PSC permit
976 numbersO.C.G.A. § 46-5-24No ADAD solicitation of calls to pay-per-call numbers
Junk faxesO.C.G.A. § 46-5-25Unsolicited fax advertisements prohibited; misdemeanor
Wireless directoriesO.C.G.A. § 46-5-28No wireless numbers to telemarketers; consent for directories
Harassing callsO.C.G.A. § 46-5-21Repeated calls to harass are a misdemeanor
Telemarketing fraudO.C.G.A. § 10-1-393.5Fraud in telemarketing unlawful; criminal penalty for intentional violations
Telemarketing practicesO.C.G.A. §§ 10-1-393(b)(31), 10-1-393.6Limits on use of call recordings; credit repair, recovery and courier rules
FBPA remediesO.C.G.A. §§ 10-1-397, 10-1-399, 10-1-401, 10-1-405Attorney General orders and penalties; individual private action; two-year limit

Detailed provisions

Do-not-call

Prohibition. "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, in accordance with regulations promulgated under subsection (d) of this Code section, of such subscriber's objection to receiving telephone solicitations." O.C.G.A. § 46-5-27(c). Senate Bill 73 added the words "on behalf of any person or entity," effective July 1, 2024. The "commission" is the Public Service Commission. O.C.G.A. § 46-1-1.

The database. The PSC "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." § 46-5-27(d)(1). The statute anticipated a national list. If the Federal Communications Commission (FCC) establishes a national database, "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." § 46-5-27(d)(4).

The Attorney General's Consumer Protection Division states that Georgia's list "is now a part of the National Do Not Call Registry, which is enforced by the Federal Trade Commission and the Federal Communications Commission." As a practical matter, a Georgia number on the National Do Not Call Registry is protected under both § 46-5-27 and federal law.

Definition of telephone solicitation. As amended effective January 1, 2024, a "telephone solicitation" "means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, personal property, real property, goods, or services." § 46-5-27(b)(3). It does not include communications:

  • "To any residential, mobile, or wireless subscriber with that subscriber's prior express invitation or permission";
  • "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";
  • by or for registered or exempt charitable organizations; or
  • "By any person who is licensed or regulated pursuant to Chapter 40 or Chapter 41 of Title 43 or Chapter 19 of Title 15." Id.

"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." Id.

Senate Bill 90 (2023), effective January 1, 2024, added "personal" and "real property" to the definition and added the exclusion for persons licensed or regulated under the listed chapters. The enacted text of Senate Bill 73 (2024) restates subsection (b)(3) without those words, but the 2025 Code text published by Justia and FindLaw includes them. Confirm the current text of subsection (b)(3) against the official O.C.G.A. Chapter 40 of Title 43 governs real estate brokers and salespersons.

Covered subscribers. A "residential, mobile, or wireless subscriber" is a person subscribing to service from "a local exchange company or mobile or wireless telephone service provider or other persons living or residing with such person." § 46-5-27(b)(2). Unlike some states, Georgia expressly covers wireless numbers in its do-not-call statute.

Data use. Database information "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." § 46-5-27(f)(1). Compiling or disseminating database information for other purposes is a misdemeanor punishable "by a fine not to exceed $1,000.00." § 46-5-27(f)(2). Senate Bill 73 removed the former "knowingly" element.

Registration and bond

No general telemarketer registration or bonding requirement was identified in the Georgia Code. The PSC may impose administrative fees on telemarketers "for access to or for electronic copies of the data base." O.C.G.A. § 46-5-27(e)(2).

Users of ADAD equipment need a PSC permit: "It shall be unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission." O.C.G.A. § 46-5-23(c). "Permits shall be renewed biennially as prescribed by the commission and upon payment of a renewal fee." Id. "Permits shall be subject to suspension or revocation for any violation of this Code section." Id.

Calling hours

For covered ADAD calls, use is unlawful where "Such use is other than between the hours of 8:00 A.M. and 9:00 P.M." O.C.G.A. § 46-5-23(a)(2)(B). No Georgia statute identified sets calling hours for live telephone solicitations. The federal window, 8 a.m. to 9 p.m. local time at the called party's location, applies to those calls. 47 C.F.R. § 64.1200(c)(1).

Call frequency

Georgia sets no numeric cap on calls. Two provisions limit repeated calls:

  • A private do-not-call claim requires more than one violating solicitation within any 12-month period. § 46-5-27(i).
  • It is a misdemeanor to "Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number." O.C.G.A. § 46-5-21(a)(3).

Automated dialing compared with Facebook v. Duguid

Definition. The term "ADAD equipment" "means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed." O.C.G.A. § 46-5-23(a)(1).

Covered uses. The restrictions apply to ADAD use "for the purpose of advertising or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of conducting polls or soliciting information." § 46-5-23(a)(2).

Prohibited conditions. Covered use is unlawful where any of the following applies (§ 46-5-23(a)(2)(A) to (H)):

  • "Consent is not received prior to the initiation of the calls";
  • the use falls outside the 8 a.m. to 9 p.m. window;
  • the equipment operates unattended or lacks an automatic clock and calendar device;
  • "Such use involves either the random or sequential dialing of telephone numbers";
  • the callback number is not answered in person during business hours by a knowledgeable agent;
  • the device does not disconnect "within ten seconds after the person called fails to give consent for the playing of a recorded message or hangs up his or her telephone";
  • "The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first 25 seconds of the call and at the conclusion of the call";
  • the call goes to unlisted numbers, hospitals, nursing homes, fire protection agencies, or law enforcement agencies.

Consent. Georgia's consent rules are detailed:

  • Live-operator consent: "A person may give consent to a call made with ADAD equipment when a line operator introduces the call and states an intent to play a recorded message." § 46-5-23(a)(3)(A). That consent "shall apply only to one particular call." Id.
  • Written consent: a person wishing to receive ADAD calls "shall give his or her written consent," and the consent form must "clearly and conspicuously give notice of how the consent may be withdrawn." § 46-5-23(a)(3)(B).
  • Duration: "Such consent shall, unless withdrawn, be valid for a period of two years from the date on which it is executed." Id.
  • Withdrawal: a consent "shall be void and withdrawn on the fifteenth day following the receipt of a letter withdrawing such consent." Id.

Exemptions. Subsection (b) exempts three categories from subparagraphs (a)(2)(B) through (G), but not from the consent requirement in (a)(2)(A) or the restricted-number rule in (a)(2)(H):

  • nonprofit and noncommercial calls;
  • calls about payment, service, or warranty for prior purchases;
  • calls that "relate to collection of lawful debts." § 46-5-23(b).

Comparison with Duguid. In Duguid, the Supreme Court limited the federal "automatic telephone dialing system" to equipment that uses a random or sequential number generator. Georgia's ADAD definition does not require a number generator. It reaches any system used "for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages." The Georgia trigger is therefore the combination of automated dialing and a prerecorded message, not the number generation method. Separately, random or sequential dialing is itself a prohibited condition under § 46-5-23(a)(2)(D).

In practice, a prerecorded consumer sales message dialed automatically from a list is covered by Georgia's statute even if the dialer would fall outside the federal autodialer definition after Duguid. The federal prerecorded voice rules in 47 U.S.C. § 227(b) would also apply.

Enforcement of § 46-5-23. "Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section." § 46-5-23(d). A violator is "subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification." Id. "Any person who violates any provision of this Code section shall be guilty of a misdemeanor." § 46-5-23(e). The section does not create an express private right of action.

Text messages

The do-not-call statute defines a telephone solicitation as a "voice communication over a telephone line." O.C.G.A. § 46-5-27(b)(3). On its face, that definition does not reach text messages. The ADAD statute is also built around "prerecorded messages" played on calls. Senate Bill 73 (2024) did not change that definition, and the 2025 Code text retains it. A 2020 bill to add text messages to the definition (House Bill 1071) was not enacted. Text message marketing to Georgia numbers is therefore governed mainly by federal law.

Caller ID

"No person or entity that makes a telephone solicitation to the telephone line of a residential, mobile, or wireless subscriber in this state shall utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service." O.C.G.A. § 46-5-27(g)(2). Before July 1, 2024, the prohibition applied only to knowing conduct. A violation of subsection (g) supports both Attorney General proceedings and the private action. § 46-5-27(h), (i). Providers of caller identification, local exchange, wireless, and Voice over Internet Protocol service are not liable "for providing such service for violations of this Code section committed by other persons or entities while using such provider's service." § 46-5-27(n).

Disclosures and opt-out

Live and recorded solicitations. Any person making a telephone solicitation to a Georgia subscriber "shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call." O.C.G.A. § 46-5-27(g)(1).

ADAD calls. Recorded messages must give the name and telephone number of the caller within the first 25 seconds and at the end of the call. The device must release the line within ten seconds after the called person declines or hangs up. O.C.G.A. § 46-5-23(a)(2)(F), (G).

Wireless number lists. "No service supplier shall sell or otherwise provide a list of wireless numbers to any telemarketer," except to an affiliated telemarketer acting for the service supplier. O.C.G.A. § 46-5-28(g).

Contracts and cancellation

No Georgia statute was identified that creates a general cancellation right for telephone sales. Georgia does restrict the use of call recordings to collect on telephone sales.

It is unlawful "For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber." O.C.G.A. § 10-1-393(b)(31)(A).

The provision does not prohibit introducing, in a court proceeding, "an electronic record of the entirety of such telephone conversation or series of telephone conversations." Id. An "electronic record" includes "any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations." § 10-1-393(b)(31)(B)(ii).

Advance fees and couriers. In connection with telemarketing, it is unlawful to "request a fee in advance to remove derogatory information from or improve a person's credit history or credit record." O.C.G.A. § 10-1-393.6(b)(1). The section also bars:

  • advance payment to recover losses from a prior telemarketing transaction, except for services of a licensed attorney;
  • courier pickup of payment "unless the goods are delivered with the opportunity to inspect before any payment is collected." § 10-1-393.6(b)(2), (3).

Telemarketing fraud. "Telemarketing" under the FBPA "shall have the same meaning which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term 'telemarketing' shall also include those calls made in intrastate as well as interstate commerce." O.C.G.A. § 10-1-393.5(a). A person engaged in telemarketing may not "Employ any device, scheme, or artifice to defraud a person, organization, or entity." § 10-1-393.5(b)(1).

Exemptions

The do-not-call statute excludes from "telephone solicitation" calls made with "prior express invitation or permission," calls to persons with "a prior or current business or personal relationship," and calls by qualifying charities and the listed licensees. O.C.G.A. § 46-5-27(b)(3).

Georgia's business relationship exclusion has no time limit and no stated revocation mechanism. Federal law limits the established business relationship to 18 months after a purchase or 3 months after an inquiry, and a do-not-call request ends it. Political calls are not "telephone solicitations" because they do not encourage a purchase, rental, or investment.

The FBPA does not apply to "Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any regulatory agency of this state or the United States." O.C.G.A. § 10-1-396(1).

Private right of action

Do-not-call and caller ID. "Any person that 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 bring an action against the person or entity that made the telephone solicitation or the person or entity that the telephone solicitation was made on behalf of, or both." O.C.G.A. § 46-5-27(i). The action may seek an injunction, and may "recover reasonable attorney's fees and costs plus damages" either "In the amount of actual monetary loss from such violation or up to $1,000.00 in damages for each such violation, whichever is greater," or "As part of a class action pursuant to Code Section 9-11-23, for which the damages limitation in subparagraph (A) of this paragraph shall not apply." § 46-5-27(i)(2)(A), (B). The action may also "Enjoin such violation and bring an action for attorney's fees, costs, and damages." § 46-5-27(i)(3).

Liability of the party on whose behalf a call is made. It is not a defense "that the defendant did not make the telephone solicitation or was not aware that such telephone solicitation was in violation of this Code section, if such telephone solicitation was made on behalf of the defendant as a result of a written or verbal agreement, contract, request, or employment relationship." § 46-5-27(j). The statute preserves one defense for that defendant: it is a defense "if the defendant has, with respect to the person or entity that made the telephone solicitation, established policies and procedures to effectively prevent telephone solicitations in violation of this Code section and mandated and enforced compliance with such policies and procedures." Id.

Number provided in error. "It shall be a defense in any action or proceeding brought under subsection (h) or (i) of this Code section that the telephone solicitation was made to a residential, mobile, or wireless subscriber whose telephone number was provided in error by another subscriber so long as the defendant to such action did not know, or have reason to know, that the telephone number was provided in error." § 46-5-27(j.1).

Senate Bill 73 replaced the former general defense for a defendant that had "established and implemented, with due care, reasonable practices and procedures." The amended statute contains no general due care defense for the caller itself.

Remedies cumulative; long-arm jurisdiction. "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." § 46-5-27(m). Georgia courts may exercise personal jurisdiction over nonresidents in actions under the section under the long-arm statute, Code Section 9-10-91. § 46-5-27(l).

FBPA. A person who suffers injury or damages from consumer acts or practices in violation of the FBPA "may bring an action individually, but not in a representative capacity." O.C.G.A. § 10-1-399(a). At least 30 days before filing, "a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be delivered to any prospective respondent." § 10-1-399(b). The demand requirement does not apply if the respondent "does not maintain a place of business or does not keep assets within the state." Id.

Wireless directories. "Every deliberate violation of this Code section is grounds for a civil suit by the aggrieved subscriber against the service supplier responsible for the violation." O.C.G.A. § 46-5-28(h).

Damages

Under § 46-5-27(i), an individual plaintiff recovers the greater of actual monetary loss or "up to $1,000.00 in damages for each such violation," plus "reasonable attorney's fees and costs." Two features stand out:

  • The statutory amount is stated as a ceiling ("up to"). The statute does not state how an award within the cap is set.
  • In a class action under Code Section 9-11-23, "the damages limitation in subparagraph (A) of this paragraph shall not apply." § 46-5-27(i)(2)(B). The statute does not state what measure of damages applies in that case.

Before July 1, 2024, the statute allowed up to 2,000 dollars per violation but only for a "knowing" violation, and did not provide for fees or class relief.

Under the FBPA, a plaintiff may recover "general and exemplary damages," but "exemplary damages shall be awarded only in cases of intentional violation." O.C.G.A. § 10-1-399(a). "Subject to subsection (b) of this Code section, a court shall award three times actual damages for an intentional violation." § 10-1-399(c).

Attorney fees

Section 46-5-27(i)(2) authorizes recovery of "reasonable attorney's fees and costs plus damages." Under the FBPA, a prevailing injured person "shall, in addition to other relief provided for in this Code section and irrespective of the amount in controversy, be awarded reasonable attorneys' fees and expenses of litigation." O.C.G.A. § 10-1-399(d). Fees incurred after rejecting a reasonable written settlement offer made within 30 days of the demand are denied. If the action continued past such an offer in bad faith, fees are awarded to the adverse party. Id.

Class action limits

The FBPA private action is individual only: "individually, but not in a representative capacity." O.C.G.A. § 10-1-399(a). The do-not-call statute takes the opposite approach. Since July 1, 2024, § 46-5-27(i)(2)(B) expressly authorizes an action "As part of a class action pursuant to Code Section 9-11-23," without the 1,000-dollar per-violation cap. No decision applying the class action provision was located.

Statute of limitations

No action under § 46-5-27(h) or (i) may be brought "More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation" or "More than two years after the termination of any proceeding or action by the State of Georgia," measured by "the later of" the two dates. O.C.G.A. § 46-5-27(k). The FBPA uses the same two-year structure for private actions. O.C.G.A. § 10-1-401(a). Federal TCPA claims carry a four-year period under 28 U.S.C. § 1658(a).

Attorney General enforcement

Do-not-call. "The Attorney General shall have authority to initiate proceedings, pursuant to Code Section 10-1-397, relating to a violation or threatened violation of subsection (c) or (g) of this Code section." O.C.G.A. § 46-5-27(h). These proceedings include orders "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 violation, and to seek additional relief in any superior court of competent jurisdiction." Id. Senate Bill 73 removed the former requirement of a knowing violation. The Attorney General may issue investigative demands and subpoenas. Id.

FBPA. The Attorney General may issue cease and desist orders and, after notice and opportunity for hearing, "Issue an order against a person who willfully violates this part, imposing a civil penalty of up to a maximum of $2,000.00 per violation." O.C.G.A. § 10-1-397(b)(1)(B). In superior court, the Attorney General may obtain injunctions, restitution, receivers, and "A civil penalty of up to a maximum of $5,000.00 per violation of this part." § 10-1-397(b)(2)(B). Violating an injunction carries "a civil penalty of not more than $25,000.00 per violation." O.C.G.A. § 10-1-405(a). Officers and agents who knew or should have known of an intentional corporate violation may be individually liable if the entity fails to pay the judgment within 30 days. § 10-1-405(c).

Criminal. An intentional violation of the telemarketing fraud provisions is subject to criminal penalties under Code Section 16-8-12. O.C.G.A. § 10-1-393.5(c). The ADAD and junk fax statutes are misdemeanors. §§ 46-5-23(e), 46-5-25(d).

Federal comparison

IssueGeorgiaFederal (TCPA and TSR)
Do-not-call listPSC database, now merged with National RegistryNational Do Not Call Registry, 47 C.F.R. § 64.1200(c)(2)
Covered communications"Voice communication over a telephone line"Calls; do-not-call rules apply to telemarketing text messages to wireless numbers, 47 C.F.R. § 64.1200(e)
Business relationship exclusion"Prior or current business or personal relationship," no time limit18 months after purchase, 3 months after inquiry; ended by request
Private do-not-call damagesGreater of actual loss or up to 1,000 dollars per violation, plus fees and costs; class actions without the capUp to 500 dollars; trebling for willful or knowing violations, 47 U.S.C. § 227(c)(5)
ThresholdMore than one solicitation in 12 monthsMore than one call in 12 months
DefensesPolicies and procedures defense for the party on whose behalf a call was made; number provided in error, § 46-5-27(j), (j.1)Reasonable practices and procedures defense, § 227(c)(5)
LimitationsTwo years from knew or should have knownFour years, 28 U.S.C. § 1658(a)
Prerecorded or ADAD callsPrior consent; written consent valid two years; PSC permit; 25-second identification; 10-second releasePrior express written consent for telemarketing robocalls, 47 C.F.R. § 64.1200(a)(2), (a)(3)
Autodialer definitionADAD covers automated dialing plus prerecorded message; random or sequential dialing barredRandom or sequential number generator required, Duguid
Calling hours8 a.m. to 9 p.m. for ADAD calls8 a.m. to 9 p.m. for all telephone solicitations, 47 C.F.R. § 64.1200(c)(1)
Caller IDNo blocking or circumventionTransmit caller ID, 47 C.F.R. § 64.1601(e); no spoofing with intent to defraud, 47 U.S.C. § 227(e)
Class actionsExpressly permitted for do-not-call claims; FBPA claims individual onlyPermitted

The Georgia do-not-call private action is modeled on 47 U.S.C. § 227(c)(5), including the threshold of more than one violating call within any 12-month period by or on behalf of the same entity. The principal differences are the 1,000-dollar cap with fee shifting, the express class action provision, the express liability of the party on whose behalf a call is made, the narrower defenses, the shorter two-year limitations period, and the broader, untimed business relationship exclusion.

Federal law is broader in two respects:

  • Its do-not-call rules apply to telemarketing text messages to wireless numbers, 47 C.F.R. § 64.1200(e), and its prerecorded voice rules reach residential lines without regard to the dialing method.
  • Its calling hours apply to all telephone solicitations, while Georgia's apply only to ADAD calls.

On texts and the federal do-not-call private action, the Seventh Circuit held in July 2026 that § 227(c)(5) does not permit suits for unwanted text messages. Steidinger v. Blackstone Medical Services, No. 25-2398 (7th Cir. July 14, 2026).

Case law

No defining decision construing O.C.G.A. § 46-5-27 or § 46-5-23 was located in the sources searched (govinfo searches for "46-5-27," "46-5-23," and "10-1-393.5"). A federal district court order in Jordan v. Comcast Cable Communications Management, LLC, No. 1:14-cv-03622 (N.D. Ga. July 9, 2015), addressed a motion to strike in a case asserting § 46-5-27 claims. It is not a merits ruling on the statute and is not included. No case law PDF is included.

Recent amendments

  • Senate Bill 90 (Ga. L. 2023, p. 255, § 6), effective January 1, 2024. Amended § 46-5-27(b)(3) to add "personal property, real property" and to exclude communications "By any person who is licensed or regulated pursuant to Chapter 40 or Chapter 41 of Title 43 or Chapter 19 of Title 15."
  • Senate Bill 73 (Act 605, Ga. L. 2024, p. 912, § 2), signed May 6, 2024, effective July 1, 2024. Rewrote the enforcement provisions of § 46-5-27. It removed the knowing violation requirement from the Attorney General and private remedies, reduced the private per-violation cap from 2,000 to 1,000 dollars, added attorney's fees and costs and an express class action remedy without the cap, made the person on whose behalf a call is made liable, replaced the due care defense with the defenses in subsections (j) and (j.1), and broadened the service provider safe harbor in subsection (n).
  • Senate Bill 153 (Ga. L. 2025, p. 1029, § 46(40)), effective July 1, 2025. An annual Code revision act that revised and corrected the Code. No substantive change to § 46-5-27 was identified.

Compliance checklist

  • Scrub Georgia numbers, including wireless numbers, against the National Do Not Call Registry, which incorporates Georgia's list, and, for sellers using vendors, establish and enforce written do-not-call policies and procedures for each calling vendor to preserve the § 46-5-27(j) defense.
  • Identify the person or entity initiating the call at the beginning of every telephone solicitation.
  • Never block or circumvent caller ID on solicitation calls to Georgia subscribers.
  • Before using any automated dialing system that plays prerecorded consumer sales messages or polls, obtain a PSC ADAD permit and renew it every two years.
  • For ADAD calls, obtain prior consent (written consent valid for two years, with withdrawal instructions and records kept for the PSC), call only from 8 a.m. to 9 p.m., avoid random or sequential dialing, identify the caller within 25 seconds and at the end, and release the line within ten seconds.
  • Do not use partial call recordings to demand payment for telephone sales, and comply with the FBPA's advance fee and courier limits.
  • Respond to FBPA pre-suit demand letters within 30 days with a reasonable written settlement offer, which can cap recovery and attorneys' fees.
  • Track the two-year Georgia limitations period separately from the four-year federal period when assessing exposure.

References

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.

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Adam Young, CEO of Ringba, Miami, Florida

About the Author: Adam Young

Adam Young is a 42-year-old entrepreneur from Miami, Florida. He is the CEO of Ringba, a call tracking and pay per call platform. Adam Young has been in telecom, call routing and performance marketing for over a decade, and is the author of The Pay Per Call Revolution. At TCPA.com, Adam Young writes about the Telephone Consumer Protection Act (TCPA), robocall enforcement, tech support fraud cases and what actions by the Department of Justice (DOJ), Federal Trade Commission (FTC) and Federal Communications Commission (FCC) mean for companies that make calls. His goal is to help companies stay compliant and keep scammers off the phone network.

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Harrison Gevirtz, Chief Strategy Officer of Ringba, Las Vegas, Nevada

About the Author: Harrison Gevirtz

Harrison Gevirtz serves as the Chief Strategy Officer (CSO) of Ringba, a call tracking and pay per call platform, and is based in Las Vegas, Nevada. Harrison Gevirtz is a serial operator in call tracking, call routing and telemarketing operations, and for the past several years he has focused on how federal regulations affect the daily operations of these industries. At TCPA.com, Harrison Gevirtz covers TCPA litigation, Telemarketing Sales Rule (TSR) enforcement, tech support fraud prosecutions and Federal Communications Commission (FCC) rulemaking in a way that's accessible to the non-lawyer executive or compliance manager.

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State Telemarketing Laws

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