O.C.G.A. § 46-5-23
§ 46-5-23. Use of automatic dialing and recorded message (ADAD) equipment
(a)
(1)
As used in this Code section, 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.
(2)
It shall be unlawful for any person to use, to employ or direct another person to use, or to contract
for the use of ADAD equipment 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 where:
(A)
Consent is not received prior to the initiation of the calls as specified in paragraph (3) of this
subsection;
(B)
Such use is other than between the hours of 8:00 A.M. and 9:00 P.M.;
(C)
The ADAD equipment will operate unattended or is not so designed and equipped with an automatic
clock and calendar device that it will not operate unattended, even in the event of power failures;
(D)
Such use involves either the random or sequential dialing of telephone numbers;
(E)
The telephone number required to be stated in subparagraph (G) of this paragraph is not one which
during normal business hours is promptly answered in person by a person who is an agent of the person on whose
behalf the automatic calls are made and who is willing and able to provide information concerning the
automatic calls;
(F)
The automatic dialing and recorded message player does not automatically and immediately terminate
its connection with any telephone call 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;
(G)
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; or
(H)
Such use involves calls to telephone numbers which at the request of the customer have been omitted
from the telephone directory published by the local exchange company serving the customer or involves calls to
hospitals, nursing homes, fire protection agencies, or law enforcement agencies;
(3)
(A)
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. Any such consent shall apply only to one particular call
and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.
(B)
Any person wishing to receive telephone calls through the use of ADAD equipment shall give his or
her written consent to the person using, employing or directing another person to use, or contracting for the
use of such ADAD equipment. Any forms used for such written consent by any person using, employing or
directing another person to use, or contracting for the use of such ADAD equipment shall clearly and
conspicuously state its purpose and effect and clearly and conspicuously give notice of how the consent may be
withdrawn. A record of such written consent shall be maintained by the person to whom consent is given and
shall be made available to the commission or its authorized representative, without further action, during
normal business hours and following reasonable notice. Such consent shall, unless withdrawn, be valid for a
period of two years from the date on which it is executed; and such record of written consent shall be
maintained by the person to whom consent is given for at least the same period of time. Any consent to receive
telephone calls through the use of ADAD equipment shall be void and withdrawn on the fifteenth day following
the receipt of a letter withdrawing such consent. It shall be unlawful for any person to whom written consent
is given to fail to maintain the record of such written consent for the time period required by this paragraph
or to prevent or hinder the commission or its authorized representative from inspecting any such record of
written consent.
(b)
It shall not be unlawful for any person to use, to employ or direct another person to use, or to contract
for the use of ADAD equipment in any manner covered by the provisions of subparagraphs (a)(2)(B) through
(a)(2)(G) of this Code section when:
(a)(2)(G) of this Code section when:
(1)
Calls are made with ADAD equipment by a nonprofit organization, or by an individual using such calls
other than for commercial profit-making purposes, and the calls do not involve the advertisement or offering
for sale, lease, or rental of goods, services, or property;
(2)
Calls made with ADAD equipment relate to payment for, service of, or warranty coverage of previously
ordered or purchased goods or services; or
(3)
Calls made with ADAD equipment relate to collection of lawful debts.
(c)
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. Any person desiring to use ADAD equipment in
this state shall make application for a permit to the commission on forms prescribed by the commission and
shall pay a fee as prescribed by the commission for such permit. Permits shall be renewed biennially as
prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the
administrative cost for the issuance of such permits. Permits shall be subject to suspension or revocation for
any violation of this Code section.
(d)
The provisions of this Code section shall supersede any prior rule, regulation, or order of the commission
governing the use of ADAD equipment but shall not prohibit or supersede any future rule, regulation, or order
of the commission governing the use of ADAD equipment except to the extent that any such rule, regulation, or
order directly conflicts with this subsection. Except for criminal sanctions, the commission is charged with
the responsibility of enforcing 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 operates
or utilizes ADAD equipment in violation of 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.
(e)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
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