O.C.G.A.

O.C.G.A. § 33-24-53 (2019)

Solicitation, release, or sale of automobile accident information prohibited; definitions; exceptions; penalties

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term:

(1) ‘‘Capper,’’ ‘‘runner,’’ or ‘‘steerer’’ means a person who receives a pecuniary benefit from a practitioner or health care service provider, whether directly or indirectly, to solicit, procure, or attempt to procure a client, patient, or customer at the direction or request of, or in cooperation with, a practitioner or health care service provider whose purpose is to obtain benefits under a contract of insurance or to assert a claim against an insured or an insurer for providing services to the client, patient, or customer. Capper, runner, or steerer shall not include:

(A) Any insurance company or agent or employee thereof who provides referrals or recommendations to its insureds; or

(B) A practitioner or health care service provider who procures clients, patients, or customers through the use of public media or by referrals or recommendations from other practitioners or health care service providers.

(2) ‘‘Practitioner’’ means an attorney, health care professional, owner or partial owner of a health care practice or facility, or any person employed or acting on behalf of any of the individuals in this paragraph.

(3) ‘‘Public media’’ means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient, or customer.

(b) Except as provided for in paragraph (5) of subsection (a) of Code Section 50-18-72, it is unlawful for any person in an individual capacity or in a capacity as a law enforcement officer, law enforcement records staff member, wrecker services staff member, emergency staff member, physician, hospital employee, or attorney to solicit, release, or sell any information relating to the parties of a motor vehicle collision for personal financial gain. This subsection shall not apply to mass public media advertisement and solicitation.

(c) It is unlawful for:

(1) Any person in an individual capacity or in a capacity as a public or private employee or any firm, corporation, partnership, or association to act as a capper, runner, or steerer for any practitioner or health care service provider. This paragraph shall not prohibit an attorney or health care provider from making a referral and receiving compensation as is permitted under applicable professional rules of conduct; and

(2) Any practitioner or health care service provider to compensate or give anything of value to a person acting as a capper, runner, or steerer. It is also unlawful for any capper, runner, or steerer to recommend or secure a practitioner’s or health care service provider’s employment by a client, patient, or customer if such practitioner or health care service provider obtains or intends to obtain benefits under a contract of insurance or asserts a claim against an insured or an insurer for providing services to the client, patient, or customer.

(d) Any natural person convicted of a violation of this Code section shall, on the first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not less than 30 days and a fine not to exceed $1,000.00. Any natural person convicted of a second or subsequent violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not more than ten years and by a fine of not more than $100,000.00 per violation.

History

Code 1981, § 33-24-53, enacted by Ga. L. 2014, p. 418, § 1/HB 828.

Annotations

Editor’s notes. - This Code section formerly pertained to prohibition and penalties for compensation for referrals or recommendations to attorneys and was

repealed by Ga. L. 2014, p. 418, § 1/HB 828, effective July 1, 2014. The former Code section was based on Code 1981, § 33-24-53, enacted by Ga. L. 1991, p. 1864, § 2; Ga. L. 2011, p. 583, § 9/HB 137; Ga. L. 2012, p. 775, § 33/HB 942.

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting required. - Any misdemeanor offense under O.C.G.A. § 33-24-53 would be designated as one

which requires fingerprinting. 2014 Op. Att’y Gen. No. 2014-2.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1996–2025 · leading case: Spottsville v. Barnes, 135 F. Supp. 2d 1316 (N.D. Ga. 2001).
Spottsville v. Barnes, 135 F. Supp. 2d 1316 (N.D. Ga. 2001). · cites it 15× “Thereafter, the General Assembly enacted O.C.G.A. § 33-24-53(c) and (e). Section 33-24-53(c) provided: With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person, including an attorney, health care provider, or their agents, to…”
In Re Silver, 545 S.E.2d 886 (Ga. 2001). · cites it 10× “Respondent entered a plea of nolo contendere in the State Court of Fulton County to one count of a violation of OCGA § 33-24-53 (a) providing in pertinent part that [i]n a claim arising out of a motor vehicle accident, a lawyer shall not compensate or give anything of value to a…”
Matter of Kennedy, 466 S.E.2d 1 (Ga. 1996). · cites it 2× “5 We find no merit in Kennedy’s remaining challenges to Standard 13 (b) and to OCGA § 33-24-53.”
In re Sinowski, 720 S.E.2d 597 (Ga. 2011). · cites it 2× “solicitations were part of an organized scheme that lasted for two and a half years; the multiple offenses involved significant funds paid to runners involving numerous cases; Respondents have not acknowledged the wrongful nature of their conduct and expressed no remorse; they…”
Statewide Detective Agency v. Miller, 115 F.3d 904 (11th Cir. 1997). “O.C.G.A. § 33-24-53(c) (1991). Subsection (e) provides, “Any person who violates any provision of this Code section shall be guilty of a misdemeanor involving moral turpitude.”
Cambre & Assocs., LLC v. R. Shane Lazenby (Ga. Ct. App. 2024). · cites it 2× “Lazenby’s complaint alleges that the defendants are directly soliciting personal injury victims in violation of OCGA § 33-24-53 and professional rules of conduct, thereby violating Lazenby’s “right to do business and compete honestly.”
Cambre & Assocs., LLC v. R. Shane Lazenby (Ga. Ct. App. 2025). · cites it 2× “live telephone contact” with potential clients; (2) OCGA § 33-24-53, which criminalizes the solicitation of information related to motor vehicle collisions for personal financial gain; and (3) OCGA § 15-19-55, which bars non-lawyers from engaging in direct solicitation of legal…”
33-24-53(c): 2 cases
Spottsville v. Barnes, 135 F. Supp. 2d 1316 (N.D. Ga. 2001). “Thereafter, the General Assembly enacted O.C.G.A. § 33-24-53(c) and (e). Section 33-24-53(c) provided: With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person, including an attorney, health care provider, or their agents, to…”
Statewide Detective Agency v. Miller, 115 F.3d 904 (11th Cir. 1997). “O.C.G.A. § 33-24-53(c) (1991). Subsection (e) provides, “Any person who violates any provision of this Code section shall be guilty of a misdemeanor involving moral turpitude.”
33-24-53(e): 1 case
Spottsville v. Barnes, 135 F. Supp. 2d 1316 (N.D. Ga. 2001). “Thereafter, the General Assembly enacted O.C.G.A. § 33-24-53(c) and (e). Section 33-24-53(c) provided: With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person, including an attorney, health care provider, or their agents, to…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.